Proving Liability in Slip and Fall Accident Claims

Slip and Fall Injury Claims in Ontario, Canada by Cariati Law, top-rated personal injury law firm.

Our client, a 49-year-old woman, suffered severe injuries after a slip and fall accident. She tripped in a pothole in a parking lot during a rainy evening. Unaware of the large, water-filled pothole, while walking to her car, she fell and became stuck.

This fall exacerbated her pre-existing medical conditions, leading to chronic pain, depression, fibromyalgia, and further complications with her left knee and hip.

Despite her extended health benefits and disability coverage, she was forced to return to work on modified duties against her doctor’s advice.

At Cariati Law, we helped our clients secure assistance from various healthcare service providers. Although proving liability was challenging due to the unclear specifics of the slip and fall accident, we successfully obtained a $225,000 settlement for our client.

Male fell down stairs in Toronto on a commercial property because the stairs were not maintained
Male fell down stairs in Toronto on a commercial property because the stairs were not maintained

Injured in a Slip & Fall accident? Hold negligent property owners accountable.

We see slip and fall injury cases every day that underscore the critical issue of property safety negligence. Property owners must address hazardous conditions to protect visitors.

If you or a loved one is seriously injured in a fall accident, call us for a free case evaluation at 905-629-8040. Protect your rights by seeking justice if someone else was responsible for your injuries after an accident.

Was your Slip & Fall injury caused by a negligent property owner?

Cariati Law, one of Ontario’s premier personal injury law firms, handles slip and fall accident cases. We know that dealing with an injury caused by an accident that was not your fault can be overwhelming.

After a serious accident, it’s important to investigate the facts, uncover the truth, and protect your rights to seek maximum compensation.

If negligence causes your accident and pain and suffering, you’ll need a law firm who will fight for you. You’ll want an experienced slip and fall injury lawyer who will support you every step of the way.

Property owners have a responsibility to keep their premises safe for everyone. When they fail to do so, it can lead to serious accidents. Proving negligence in slip-and-fall cases is complex. That’s why it is crucial to hire a top personal injury law firm to handle your slip and fall accident claim.

a big pothole in a Mississauga parking lot caused injury in a Slip and Fall Injury Claim
a big pothole in a Mississauga parking lot caused injury in a Slip and Fall Injury Claim

How to prove negligence in a slip and fall accident case

To help prove negligence and strengthen your claim, it’s essential to collect the following evidence:

·      Photos Taken at the Scene: Capturing the accident scene immediately after it occurs can offer invaluable visual evidence of hazardous conditions.

·      Witness Accounts: Statements from people who saw the accident can corroborate your version of events and help establish fault.

·      Store Surveillance Footage: Video footage can provide an unbiased account of the incident, showing exactly what happened.

·      Documents Related to Safety Protocols or Maintenance: Records of safety measures or maintenance work (or lack thereof) can reveal whether the property owner was negligent in keeping the premises safe.

·      Medical Records: Documenting your injuries and the treatment received is vital. These records provide a clear link between the accident and your injuries.

Collecting this evidence can make a significant difference in the outcome of your claim.

If you have a slip-and-fall accident, don’t hesitate to seek legal advice. Our team at Cariati Law is ready to fight for your rights and help you get the compensation you deserve.

How to determine compensation and settlement amounts in slip and fall cases

We are often asked, “How much is my case worth?” Well, that is a very difficult question to answer in front of your accident claim. There are many variables that go into determining the “value” of your slip and fall injury claim.

Compensation amounts for slip and fall cases can vary widely based on several key factors:

  • Severity of Injuries: More severe injuries typically result in higher compensation.
  • Recovery Time: The longer your recovery, the higher the potential settlement.
  • Impact on Daily Life: If your injuries affect your ability to work or perform daily activities, this will influence the compensation amount.

In Ontario, there isn’t a fixed amount for slip and fall settlements, making it essential to consult a top injury lawyer who can guide you through the claims process.

The road to recovery might be tough, but securing fair compensation can alleviate financial stress and bring a sense of justice.

While average settlement figures in Ontario can vary, our team is dedicated to helping you achieve the best possible outcome for your unique case.

Trust Cariati Law to Recover the Compensation You Deserve

At Cariati Law, our lawyers for slip and fall accidents are committed to providing you with the legal support you need. We are experienced personal injury lawyers, and we’ll let you know if you are entitled to compensation.

Handling your accident claim alone can be risky. Insurance companies often aim to minimize payouts or deny claims altogether. Don’t give them that advantage. Seek professional legal guidance to ensure you receive what you’re entitled to.

Take the first step toward justice and financial relief today—reach out to our experienced team for a free consultation. We’re here to support you every step of the way.

Female slipped and fell on ice in Toronto because the city did not salt the icy surface
Female slipped and fell on ice in Toronto because the city did not salt the icey surface

Injured in a slip and fall accident caused by Snow or Ice?

If you’ve suffered an injury from slipping on snow or ice, acting quickly is crucial. The laws surrounding these incidents in Ontario are constantly evolving. Failing to act within the required time could jeopardize your claim for financial compensation.

  • If you fall and injure yourself on city-owned property, you must put the city on notice within 10 days of your fall.
  • If you fall on private property, you must notify the property owner in 60 days in writing.

A quick guide to understanding the law in snow and ice-related fall cases.

In Ontario, the Occupiers’ Liability Act requires you to provide written notice of your claim within 60 days of the incident. This notice must include the date, time, and location where the injury occurred.

Who Receives the Notice?

You need to personally serve this notice or send it by registered mail to at least one of the following:

  • An occupier of the premises
  • An independent contractor hired by the occupier for snow or ice removal during the time of your injury

Who is Considered an Occupier?

An occupier might be:

  • Someone in physical possession of the premises.
  • A person who manages and controls the condition of the premises.
  • Anyone who oversees the activities happening on the premises or controls who can enter.

Exceptions and Considerations

The law states that you can’t sue for personal injuries caused by snow or ice if you miss the 60-day notice period. However, there are exceptions:

  • Death Exception: If the injury results in death, the failure to give notice is not a barrier to action.
  • Reasonable Excuse: A judge may allow the case to proceed if there’s a reasonable excuse for not giving notice and if the defendant isn’t disadvantaged in their defense.

Special Cases

  • Government and Municipalities: The Occupiers’ Liability Act doesn’t apply to the Crown or municipality on public highways or roads.
  • Other Statutes: Notice periods in other laws, such as the Municipal Act (2001), the City of Toronto Act (2006), and the Public Transportation and Highway Improvement Act, generally require a 10-day notice period for claims involving the condition of public roads or sidewalks.

Act Fast

If you’ve been injured due to snow or ice, you should act immediately. Contact us as soon as possible to ensure your claim is filed within the required timeframe.

Don’t wait until it’s too late. If you’ve had a slip and fall accident, call us immediately to discuss your case.

Why choose Cariati Law to handle your slip and fall injury claim?

At Cariati Law, our slip and fall lawyers understand the chaos and stress an unexpected injury can bring. Our personal injury lawyers are dedicated to fighting for those injured in Ontario accidents.

We offer personalized attention and services tailored to meet your unique needs. We can file a personal injury claim on your behalf. If you’re looking for the best lawyer for slip and fall accidents, call Cariati Law.

A track record of success in slip and fall accident claims in Ontario.

We’ve achieved significant successes for clients who have suffered serious injuries from slips, trips, or falls caused by someone else’s negligence.

Our experienced slip and fall personal injury lawyers know how to maximize your settlement. We work hard to ensure you receive the compensation you deserve for your pain and suffering; mentally, physically, and financially.

Our seasoned professionals will support you every step of the way, ensuring justice is served so you don’t have to face this hardship alone. Here’s what we offer:

  • Personalized Attention: Every case is unique, and so is our approach.
  • Expertise: Years of experience in handling slip and fall cases.
  • Comprehensive Support: From initial consultation to final settlement, we’re with you.

If you or a loved one has been injured in a slip and fall accident, don’t wait. Call our personal injury lawyers in Ontario at 905-629-8040 today. We’ll listen to your story and fight to seek fair compensation for your injuries.

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