Whatever the season, slip and fall or trip and fall accidents can and do happen out of the blue. However, the onset of winter does increase the risks, especially for older people. Though these accidents happen in a split second, the after-effects can last for a very long time. Sometimes, they change the life of the injured persons and their families forever.
Victims who have been seriously injured in such accidents face enormous physical, financial and emotional trauma. They may be unable to work for a long time or even permanently. This leads to loss of income and regular wages. The financial crunch affects the entire household who may be dependent either completely or partially on the victim. Medical treatment and rehabilitation costs can become overwhelming, while the psychological aspects of serious injuries can range from depression to panic-attacks, suicidal tendencies, dependence on alcohol or drugs etc. Pain and suffering become an intrinsic part of the injured person’s life.
To compensate for these injuries, victims are entitled to seek a just and satisfactory monetary compensation from those whose fault or negligence caused the accident. If you or a dear one has been injured, contact your trusted lawyer in Brampton or your trusted lawyer in Toronto. We can help you get the compensation you deserve.
Consult A Physician Immediately
Most people feel embarrassed when they slip or trip and fall. They want to quickly get up and leave the place, hoping no one has seen them fall. They also assume that their injuries are minor and are in a hurry to forget about the incident.
However, many injuries that appear insignificant initially can turn out to be serious much later. Elders and pregnant women are particularly vulnerable. It’s important to consult a qualified physician immediately no matter how minor you feel your injuries are. This is important from a medico-legal point of view.
Why Such Accidents Occur
Though these are termed “accidents” the truth is that they’re rarely “accidental.” Most of them are caused due to someone’s fault or negligence. Typical reasons include:
- Slippery surfaces
- Broken, damaged tiling
- Loose or unanchored carpets/rugs
- Torn carpeting
- Freshly-washed/mopped flooring
- Unmarked elevation changes
- Liquid spills
- Gaps/Cracks in the flooring
- Missing fences, handrails
- Broken or damaged stairs
- Uneven steps
- Poor lighting
- Debris or clutter
- Failure to clear ice, snow or fallen leaves
- Water pooled under air-conditioning units
- Failure to provide warning signs
- Uneven surface in parking areas
- Bright lights causing glare on shiny floors
- Open drawers or cabinet doors
What The Law Says
Under Ontario’s Occupiers’ Liability Act, all property owners have a duty of care and responsibility to ensure that their properties, and areas in it such as stairs, driveways, etc are kept in a reasonably safe condition for all those who visit them for a legitimate purpose. This includes both private and municipal properties, public places, rural and urban areas, etc.
Essentially, this means that the property owner or those who have been authorized to maintain the property should ensure that they conduct regular inspections, prompt repairs and provide sufficient warning to unwary visitors.
The questions that determine property owner liability include:
- The property owner should have foreseen the danger
- Their conduct should have been reasonable in ensuring safety
- If the danger existed for some time, did they know about it?
- What steps could have been taken to prevent accidents?
How To Prevent
Property owners can prevent slip/trip and fall accidents by taking a few simple precautions, staying alert and reacting promptly. Good housekeeping practices like mopping up spills, putting down signage to mark wet/uneven floors, keeping aisles and driveways free from debris/clutter, displaying signs to warn people of uneven floors and elevation changes, ensuring bright lighting in parking lots and staircases, repairing broken/damaged tiles, replacing old flooring, etc.
The public can also be careful about wearing the right footwear, paying attention while walking, avoid distractions like listening to the radio or texting, being aware of the kind of floor, using a flashlight if it’s a dark area, taking more care while carrying or pushing things, etc.
When And Why You Need An Injury Lawyer?
When victims seek compensation for their injuries, the insurance company representing the property owner has to make the pay-outs. They may use several tactics to avoid making the payment being for-profit organizations. Typically, they may question the nature and extent of injuries, their impact on your life, whether you were in some way negligent or careless yourself and contributed to the accident. They may also delay or deny your claim on technical grounds.
Get the help of an injury lawyer to claim insurance. We can help you to understand your rights and entitlements in such cases and also safeguard your interests. These claims can be a complex mass of legal, medical and insurance issues.
As the Most Rated Lawyer in 2018 we have the experience, knowledge and expertise to deal with a variety of such claims. Though every case is unique, the laws are clear on victim rights and compensation. We ensure that a robust claim is filed, backed by strong evidence and documentation, expert/witness testimony, employment records, maintenance records, camera footage if available etc. We make sure that the paperwork is filed within the stated deadlines and at the right venue/jurisdiction.
This leaves you and your family free to focus on your recovery and getting your life back on track.
