Trips and fall accidents can happen anywhere. Whether they occur indoors or outdoors, on a commercial property or a residential one, at a workplace or a recreational facility, trip and fall accidents can lead to serious injuries.
When these accidents occur on another person’s property, oftentimes they are the direct result of someone else’s negligence. If another property owner’s negligence caused you to sustain serious injuries in an accident on their premises, a Thunder Bay trip and fall accident lawyer may be able to help you recover damages for costs you incurred as a result. These recoverable costs might include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
Our trip and fall injury lawyers can meet with you in Thunder Bay for a free initial consultation. Call (416) 364-2000
Establishing Negligence in a Trip and Fall Accident
Property owners and occupiers have a legal obligation to maintain the areas in and around their buildings to ensure all rightful visitors can proceed safely on their premises. Both commercial and residential property owners have a duty of care, requiring them to act responsibly by removing, repairing, or adequately warning guests of potential hazards on their properties. If they fail to do so, they may be held responsible for accidents that happen on their premises as a result of their negligence.
In accordance with Ontario’s Negligence Act, if you’ve been injured on another party’s property, in order to recover damages, you must be able to prove that the responsible party breached their duty of care by acting negligently. A Thunder Bay trip and fall accident lawyer may be able to help prove the responsible party’s negligence by compiling and presenting various form of evidence, such as:
- Police reports
- Witness statements
- Video surveillance footage
- Photographs of hazards at the accident scene
- Medical evaluations
Thunder Bay Trip and Fall Injury Lawyer Near Me (416) 364-2000
Common Injuries from Trip and Fall Accidents
Injuries resulting from trips and fall accidents can vary from mild to severe. Trip and fall accidents may result in:
- Cuts, scrapes, and lacerations
- Sprained ligaments and joints
- Broken and fractured bones
- Herniated discs
- Spinal cord injuries
- Head injuries
- Traumatic brain injury
The severity of injuries sustained in a trip and fall depends on the circumstances of the accident. For example, falls from a great height may increase an accident victim’s chances of sustaining a catastrophic injury.
Other factors, such as the victim’s age and physical condition may also play a role in determining the outcome of a trip and fall accidents. While a young adult may walk away from a trip and fall accident with only a bruise, the same accident conditions may put a senior citizen in the hospital. In fact, 81% of Canadian seniors’ hospitalizations are the result of a fall.
Recovering Damages from a Trip and Fall Accident
In the province of Ontario, eligible accident victims may be able to recover both pecuniary and non-pecuniary damages following trip and fall accidents caused by another party’s negligence.
Pecuniary damages consist of financial losses incurred as a result of an accident victim’s injuries. These costs could include medical expenses, transportation costs, rehabilitation therapies, lost wages due to an inability to return to work, and possibly more.
In extreme cases where trip and fall accidents caused by someone else’s negligence result in permanent, debilitating injuries, victims may be able to recover non-pecuniary damages. In order to be entitled to these damages, a victim must show proof that their injuries have impacted their daily life. Non-pecuniary damages compensate victims for less tangible costs resulting from their injuries. These can include pain and suffering, loss of enjoyment of life, and possibly more.
Per Ontario’s Limitations Act, victims have only two years from the time of their accidents to file a tort claim against the responsible party. A Thunder Bay trip and fall accident lawyer may be able to help you pursue appropriate legal action within the mandated time frame.
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Call Preszler Injury Lawyers Today
If you’ve sustained injuries in a trip or fall accident on someone else’s Thunder Bay property, you may be entitled to financial compensation. To discuss the details of your case, call Preszler Injury Lawyers today at (416) 364-2000 for a free, initial consultation.