Your Guide to Slip and Fall Claims
Published on March 6, 2018
Slip and fall accidents are one of the most common injuries that Ottawa personal injury lawyers litigate. Indeed, slip and falls can result in serious injuries and often require long-term treatment and rehabilitation.
Under Ontario’s Occupier’s Liability Act, people can seek compensation for their injuries. According to this Ontario law, property owners have a responsibility to keep those entering the premises reasonably safe.
Your Guide to Slip and Fall Claims
If you become injured due to negligence as a result of slipping, tripping or falling, whether in a private residence or in a public place like a restaurant, mall or grocery store, you may have a slip and fall claim. To do so you must be able to prove that your injury was the result of a failure of the owner or occupier of the property to keep the premises reasonably safe.
A common example of a slip and fall claim is slipping on a wet floor and becoming injured. Slipping and falling as a result of ice, snow, sticky floors, uneven surfaces or poor lighting are other common causes of slip and fall cases.
If your lawsuit is successful, you can seek compensation for general and special damages. General damages can include pain and suffering, loss of income, future loss of income and home maintenance and housekeeping. You are also able to seek compensation for expenses not covered under the Ontario Health Insurance Plan (OHIP), such as prescriptions, as well as any travel-related expenses. Special damages are quantifiable losses such as the expenses incurred for physiotherapy treatment.
The amount you receive will be based on the extent of your injury and how it affects your life. Other factors will also be taken into consideration, like your age, whether you have pre-existing injuries or conditions.
There is also a concept called contributory negligence. This means that you may have contributed to your injury in some way (perhaps because you were not paying attention or were intoxicated). The amount of your damages will be reduced by the degree to which you were at fault. By way of example, if your damages are assessed at $100,000.00 but you were 50% at fault, you will only be entitled to $50,000.00.
In most cases, you must start your lawsuit within two years from the date of the accident. However, there are also exceptions. For example, if you are injured on a sidewalk or another area that is owned by a municipality, you are required to notify the municipality of your intention to sue within 7 days of the accident (and then you have to put the lawsuit into motion within two years of the accident). If you fail to notify the municipality within 7 days, you may not be able to make a claim at all. That’s why it’s imperative that you act in a very timely manner.
In any legal case, it is imperative to seek immediate legal advice and to act quickly. Evidence to support your case can quickly disappear, especially if a business is at fault. In other cases, physical evidence like snow or ice can melt away.
If you have been injured as a result of a slip and fall and are seeking compensation, contact our Ottawa Injury Group lawyers who have extensive experience handling slip and fall claims. We will get you the compensation you deserve. For more information, please contact us:
By phone: 613-518-2418
By email: email@example.com
Or by filling out our Case Form.
|Found in:||Slip and Fall|