After slipping and falling on someone else’s property, a slip-and-fall lawyer in Hamilton can help you recover the full compensation you’re owed. Many of us pay little attention to the risks of slipping and falling—until it happens to us or a loved one. The average person takes approximately 8,000 to 10,000 steps every day, each of which represents a potential slip-and-fall accident.
If you have been hurt in a slip-and-fall accident in Hamilton or elsewhere in Ontario, you have rights. Matt Lalande has recovered millions of dollars for injured slip-and-fall victims over many years.
Property owners in Ontario have a responsibility to provide a safe environment free from dangerous conditions. Every business has a responsibility to provide its customers with a safe and clean environment, free of hazards. Under Occupier Liability Law in Ontario, all property owners can be held financially accountable for slip-and-fall accidents that occur on their premises.
Slip-and-falls are a serious cause of injury in both working and non-occupational environments. In many provinces, slip-and-falls are the most common cause of non-fatal injuries and hospital admissions for trauma. The consequences of a slip-and-fall can be disastrous for the human body. The most common types of injuries being osteoporotic fractures, which are classified as the following:
Slip-and-fall injuries also often lead to injuries of the neck and spine, other broken bones, traumatic head injuries, lacerations, burns, disfigurement, and sometimes even death. IF you or a loved one has suffered life changing injuries in a slip and fall accident it is important that you contact a Hamilton slip and fall lawyer today to learn your rights.
Property owners in Ontario (whom we sometimes call occupiers of a property) have a reasonable duty to keep their premises safe for visitors—but that reasonable duty is decided on a case-by-case basis.
This means keeping the property free of dangerous conditions, disrepair issues, hazards, and defects. Property owners are required by law to promote positive action and implement procedural safeguards to make their premises reasonably safe. It is called a positive responsibility: meeting that property owners need to actively promote and ensure that their premises are safe for visitors.
For example, the law imposes an affirmative duty of reasonable care on property owners to keep their parking lots safe. Allowing asphalt to fall into a state of disrepair full of potholes and divots is not promoting positive safety. It is easy for someone to roll his or her ankle in the winter, potholes and divots to freeze over, and slippery conditions to occur.
The neighbor must salt his or her driveway. A restaurant must clean its floors. A grocery store must routinely follow a plan to ensure that food is picked up off the floor. A department store must ensure that snow and ice are not carried into the store. There need to be policies and procedures to minimize the risk of potential injury to visitors and customers on any property.
When issues are not addressed in a timely matter, slip and fall accidents occur. Slip-and-fall injuries in Hamilton, Ontario, often happen in different types of residential and commercial settings:
In an Ontario slip and fall case, the standard of care for occupiers is that of reasonableness, not perfection. An occupier is required to take all reasonable steps to minimize risk of injury to its patrons. In order to meet this standard, occupiers must tailor their preventative measures to the particular circumstances which could give rise to an unusual danger.
The Act applies on any premises. Section 1 of the Occupiers’ Liability Act defines premises to mean lands and structures, or either of them, and includes, (a) water, (b) ships and vessels, (c) trailers and portable structures designed or used for residence, business or shelter, (d) trains, railway cars, vehicles and aircraft, except while in operation.
The Act applies to any occupier in a slip and fall case. Your Hamilton slip and fall will tell you that the Act denies an occupier as someone with either physical possession of premises, or responsibility for and control over the condition of the premises or the activities carried on there or control over the persons allowed to enter the premises.
Determining responsibility in a slip-and-fall case is not as easy as it seems. An occupier of a premise must be identified—which often requires property or corporate searches to determine the owners of a business, residence, building, structure, parking lot, or shopping mall.
The proper defendants must be put on notice. Surveillance videos as well as any pertinent physical evidence must be preserved and not disturbed or destroyed. Witnesses must be identified and interviewed, historical weather must be recorded, photographs must be taken, and contractors must be identified. Often, the notice of a personal injury lawsuit happens almost immediately, but the lawsuit itself does not happen until a full investigation is complete.
During depositions, the lawyers will often want to identify any policy and procedure manuals, charts, documentation, procedures in effect, and the like. If there was a snow removal company, for example, then it would be important to investigate the fleet size, work experience, accreditations, employees, salt chemistry, actual snow removal, mappings, maintenance logs, procedural logs, whether recordings, and contract particulars.
Once this has all been discovered and investigated, liability can be determined (i.e., did the occupier of the property take reasonable care, in an affirmative and procedural way, to protect visitors from foreseeable harm, or in the alternative, could this accident have been prevented?).
The limitation to sue is two years from the cann where the potential defendant is not a government body,
Lalande Personal Injury Lawyers has extensive experience in litigating slip-and-fall cases in Ontario. If you were a visitor on someone else’s property and were hurt, whether it was your neighbour’s driveway, a parking lot, a roadway, an airport, or anywhere else, and you have suffered an injury in a slip-and-fall accident, you may have the right to file a personal injury lawsuit.
Hamilton slip and fall lawyer is often asked this question, but unfortunately, it is one we cannot answer immediately. Any Hamilton slip and fall lawyer that tells you what your case is worth soon after your injury is wrong. There is absolutely no way to properly evaluate or estimate what a slip-and-fall case is worth until well into your injury claim or lawsuit.
Our Hamilton slip and fall lawyers are experienced at properly evaluating an injury, and we are dedicated to obtaining the maximum recovery of compensation for you and your family. However, we do not believe it is possible to resolve serious orthopedic cases without a full investigation and medical legal opinion. In order to help our clients recover the maximum compensation possible, we prefer to have medical experts provide a prognosis on how your injuries will affect you in the future.
Additionally, evaluating your claim or estimating what your case is worth is difficult if there is a loss of income. With many slip-and-fall cases, there is a past loss of income to be calculated from the date of the accident or injury to the settlement date. From that day until your retirement date, a future loss must be calculated. Oftentimes actuaries and accountants are hired to calculate these numbers in order to be as precise as possible.
Equally important is the calculation of your future needs, health requirements, and assistive devices if you were seriously hurt in the fall. We frequently engage the services of an occupational therapist to assist us with determining the future cost of your care. An actuary or accountant would then provide a precise calculation of the value of what you will need for your recovery and beyond, from a medical and rehabilitative perspective.
Our Hamilton slip-and-fall lawyers will present your case in a persuasive and professional way, with the appropriate medical professionals, experts, accountants, and occupational therapists. Factors that will also be important in determining your compensation will be the severity of your injury, your medical treatment, the permanency of your injury or disfigurement, the amount of your lost wages, and how much insurance coverage is available under policy limits.
Lalande Personal Injury Lawyers understands that dealing with trying to recover compensation from an insurance company in a slip-and-fall case can be a complex, confusing, and exasperating time for victims and their families. We also understand that many people have never dealt with a personal injury lawyer before.
Our Hamilton slip-and-fall lawyers make it easy. We encourage inquiries, and we will thoroughly discuss your legal options with you. There is no cost to contact our Hamilton law firm, as our consultations are free, without obligation, and confidential.
Our lawyers are flexible and can arrange a consultation at a time that is convenient for you and your family—and we are happy to answer any questions you may have. Please fill in the contact form below or call us 24/7 at 905-333-8888 or 1-833-4-LAWFIRM.
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A municipality has a duty to keep public roads in a reasonable state of repair. Section 44(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides:
Despite subsection (2), a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if,