It may seem surprising, but slips, trips and falls are the basis of a huge number of workplace injuries each year in Canada. Many of these cases involve short or long-term injuries, and missed work for the injured party.
Obviously, a store or business shows an interest in each customer. That particular establishment hopes to profit from some of the customer’s money. Yet the law states that the same establishment should demonstrate readiness to care for each of its customers. If lack of care leads to occurrence of a slip and fall incident, the injured victim has a right to file a personal injury lawsuit, with the help of Personal Injury Lawyer in Burlington.
The first thing that you need to take into account is that personal injury law is a particular broad and vast field of the law which encompasses a tremendous amount of different cases. Premise liability, for instance, is one of the legal concepts which come into the picture in personal injury cases in which the injury was caused by certain type of defective or particularly unsafe condition on someone’s property.
Slip and fall claims are quite challenging. They are particularly numerous, especially in Canada and especially when it is winter time. This is one of the main reasons for which they need to be taken into serious consideration. Ice laden sidewalks, for instance, are quite capable of creating tumultuous and challenging conditions to walk on and they pose a serious health hazard to the passers. There are hundreds of different and interesting scenarios which actually create dangerous conditions under which you could easily get hurt.
Children get injured – that’s something rather common. They play, they trip, they fall, they hurt themselves – these are all important parts of their overall development. However, when your kid gets seriously injured at school, things can get particularly challenging and rather terrifying. They attend school with you assuming that everything is kept under control and that the teachers are keeping them perfectly protected but that’s not always the case. Childhood should be more about learning and growing and being able to trust the teachers who are handling these things.
There are quite a lot of different accidents that could lead to orthopedic injuries and that’s the main reason for which personal injury law is one of the broadest fields of expertise. However, when it comes to slip and fall injuries, a lot of people tend to be underestimating them dramatically. It just doesn’t seem to strike them as something dangerous. However, the reality is far more alarming that you might want to know.
Now, being aware of the climate conditions is absolutely critical when you walk out in the open. As of right now, it’s winter in Canada and this means one thing – slippery sideways. Canada is famous for its cold and snowy winters and while they might be particularly beautiful, they are also rather challenging if you had to walk outside. Slip and fall accidents are regularly increased throughout the months of November until March and that’s to be expected.
Wrongful death, as seen from the prospective of personal injury law can derive from the negligent behavior of a third party. However, there are quite a few different types of accidents which are in the field of personal injury which could actually cause the death of a person. With this in mind, there are a lot of things to be regarded, so let’s take a brief look at the burden of proof in the most common cases.
Premise liability is without a doubt amongst the most common type of personal injury claims filed in Ontario. However, it is important to note that there are quite a lot of different types of premise liability claims based on the location on which the accident has happened. Keep in mind that a slip and fall accident can just as well occur on any location, regardless of whether it’s outside or not.
A lot of people tend to believe that this is just a formality, but the truth is that it’s much more than that. In fact, determining the exact place of the accident is particularly paramount for your case. It’s going to determine the opposite party and this is the first thing that you should do. Why – because you need to send a letter of intent within the first 7 days after the accident if you are going to claim compensation. You can probably see how important this information actually is. Failing to do so is going to result in potential complications and even in the chance of losing your right to claim responsibility.
Occupier’s Liability Act
However, parking garages as well as parking lot injury claims are amongst the most common ones, especially when it’s cold outside. Usually, these underground facilities are going to have some sort of moisture spread on the flooring. If it’s not taken care of properly, you can probably suggest what’s going to be the result – an incredibly slippery surface which predisposes to fallings. And, that’s the case in the majority of claims. However, it’s important to note that under the Occupier’s Liability Act of Ontario from 1990, all owners of premises need to keep their property reasonably safe for third parties. This means that they are deemed responsible for making regular inspections and taking the appropriate precautions in order to ensure that the property wouldn’t cause complications.
However, it’s important to understand that there is a differentiation to be made here. This is why parking lots and garages are rather complicated to deal with. Normally the owner of the building would have rented it out. In this case, the responsibility for the care is transferred with the contract for the rental. With this in mind, it’s important to note that you should check into that prior to filing your letter of intent because you might get it wrong. It’s important to take all things into thorough consideration when it comes to a slip and fall accident. A lot of people tend to firmly underestimate the field because it sounds a bit unserious. The truth is that slip and fall accidents can actually cause a tremendous amount of damage and are hard to deal with. Irrespective of the way you were injured at the parking lot, it is important that you seek redressal and compensation for the injuries.
As the winter progresses and the walkways get frozen, slip and fall accidents tend to increase in numbers. This is only logical. However, being involved in an incident of the kind is definitely dangerous and you should take immediate actions in order to get properly reimbursed for the damages you’ve incurred. Here are a few tips for you to follow.
Take Photos Of The Area Where You Fell
Now, the injuries that you have had to sustain are usually self-explanatory and easy to define. However, the area where you fell is a whole other story. If you can’t establish liability of the property owner than you really do not have much of a case. Taking pictures of the respective area is going to quickly and easily solve this particular problem. Sure, you might not feel like taking a picture with your phone when you’ve just broken your ankle but it’s certainly something you got to do.
Ensure A Witness (If You Can)
If you see someone who saw you slip and fall make sure to ask for the name, telephone and eventually his address and kindly ask him to collaborate when it comes to it. This is going to help your case a lot.
Do Not Rely On Cameras
Even though you might have fallen at a place with security cameras built all around, they might be turned off. This is a common situation. With this in mind, always make sure to take a few pictures on your own. It’s the best approach in cases like this.
Wear Winter Boots
The court has made it pretty clear that people need to take responsibility for their own safety. With this in mind, slipping while wearing winter boots is going to boast your insurance through the roof. On the other hand, if you wore worn-out and old sneakers then you can’t expect the same amount of compensation.
Call A Lawyer
This should be one of the first things to get done as soon as it’s humanly possible. It’s going to ensure that you have proper legal representation from the get-go and that you are getting all the necessary protection on time. The lawyers will be happy to assist you with everything that is needed.
Do Not Talk To Your Insurer without a Lawyer
Rest assured that the broker is going to pull every trick out of his hat in order to either get the chance to dismiss your claim before you’ve actually filed it or to significantly reduce it. This is why you need to make sure that your attorney is present when you meet.
As you can see, there are quite a few things that you might want to take into consideration, if you’ve been involved in a slip and fall case. However, the time limitations to file a case are many, so don’t waste a moment before filing a case.