Specific of Ontario’s Slip and Fall accidents

The truth is that individuals are often injured or hurt on premises which aren’t theirs. They are commonly owned or currently occupied by a third party. The slip and fall accidents can very well result in some incredibly grave and serious injuries such as hip injuries, broken ankles, a variety of orthopedic injuries and even traumatic brain damages and spinal cord injuries, even though the last tends to happen more or less is rare. However, chances do increase when you slip and fall on your head or have a bad fall that leads to slipped disk or spinal cord injuries.

Recover monetary damages

If this is the case, you have to be well aware of the fact that you are fully entitled to recover the monetary damages for you’re the losses that you’ve incurred. The majority of the times, however, the insurance which is placed to protect the owners of the property as well as their managers or other contractors is going to take care of the damages that you’ve had to incur. However, in some cases you are also going to be able to file a civil lawsuit pursuing what you haven’t been repaid by the insurance company.

The slip and fall accidents on the territory of the province of Ontario consist the majority of the premise liability claims in the courts. The law which governs these claims is the Occupiers’ Liability Act and it has been enacted back in 1990. Interestingly enough, this particular act, as well as some others, has never been altered or amended which speaks to the effectiveness of the provisions in it.

Occupiers’ Liability Act

In any case, the liability which is set forth in it is rather broad and it aims to protect the victims of such incidents, regardless of who the current occupier is. This means that you can file your claims towards the owner or towards the tenant, depending on the current case. The Occupiers’ Liability Act doesn’t specify the conditions under which the accident must have occurred but there is an extensive legal practice in that direction. With this in mind, the most common causes for slip and fall accidents in the province of Ontario are as follows:

–          Unmarked step-downs

–          Inadequate and improper lighting or lacking thereof

–          Trip hazards

–          Uneven surfaces

–          Slippery floors or sticky once

–          Snow and ice which hasn’t been properly cleared

There is, however, one way under which the occupier of the hazardous premise can avoid legal responsibility. This is achieved by placing a warning sign or a label which serves the purpose of letting people know of the potential danger. By doing this, the duty of care is transferred onto the person who is passing by on the premises and the owner is no longer liable. The solution is quite fair as it’s not always possible to eliminate the potential hazard immediately.

Dangers That Hide Behind A Slip & Fall Accident

Mississauga is a city which has its location in the southern part of the province of Ontario and it has a population of a little over 650,000 people. The city is considerably large and it is regulated by the rules set forth by the province of Ontario. A particularly interesting subject which is up for discussion in the city of Mississauga is the slip & fall accident. When the common person hears about such an accident the first thing that pops into his mind is a slip that happens due to snowy or icy conditions. However, it’s important to understand that you can slip on a lot of different surfaces due to a lot of different reasons. Common examples are slippery floors in shops and malls due to recent cleaning, residual detergents or even a loose rug that you trip on when you enter.

If you are involved in an accident of this particular kind, the first thing that you should consider doing is to seek medical attention. It’s not uncommon for a lot of people to feel rather embarrassed and humiliated about having to seek attention due to a slip, but this is the most important thing that you should do. This would allow you to properly identify the injuries and take the necessary steps towards your own recovery.

Implementing duty of care

From a legal standpoint, it is termed as duty of care. This is the necessary duty that every occupier is obligated to provide in order to keep people on his premises safe at all times. Now, the law states that the people should be reasonably safe which means that there shouldn’t be any conditions which may cause accidents or at least the visitors should be aware of the risks. The obligations of the occupier as per the Occupiers’ Liability Act consolidated back in 1990 are as follows but definitely not limited to:

  • Keep the floors and the stairs in a proper condition
  • Keep the walkways clear of any ice or other slippery things
  • Keep your floors free of water and slippery detergents
  • Maintain an adequate lighting

A lot of people forget how crucial lighting actually is. There are regulations set forth which determine the amount of light that has to be provided in commercial establishments. It is also the responsibility and at the same time obligation of the occupier to make sure that the building codes are as per the legislation. Most importantly, he has to make sure that the codes are properly abided by. Of course, he could authorize another person to do so but that wouldn’t relieve him from the liability, but he would share it with the responsible party.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!