Falls are one of the most common causes of injury in Canada, and slippery or icy floors are a leading cause of falls. Whether you suffered a fractured clavicle or a traumatic brain injury, it is important to seek legal assistance to ensure that you are not the victim of financial harm on top of physical injury. By filing a personal injury claim against the responsible party, you can avoid the heavy burden of medical expenses and lost income during recovery. The Windsor slippery floors lawyers at Preszler Law firm can help you get started today by seeking fair financial compensation from the negligent business owner or property owner responsible for your fall.
Our slip and fall accident lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Common Slip and Fall Injuries
- Traumatic brain injury
- Spinal cord injury
- Other back trauma including herniated or bulging disc
- Torn tendon
- Fractured wrist, ankle, clavicle, or hip
Windsor Slip And Fall Accidents Lawyer Near Me (416) 364-2000
Slipping Hazards—Poor Choice of Floor Material, or Improper Maintenance?
There are generally two types of hazards that cause slip and falls due to slick flooring. The first is the material of the floor itself. Floors that are already slippery when both dry and clean include the following;
- Painted surfaces
- Polished cement
When any amount of water, ice, snow, oil, or other residue gets spilled or leaked onto the floor, an already slick floor becomes dangerously slippery. These spills, leaks, and debris include the following:
- Puddles of liquid
- Loose rugs and mats
- Paper, magazines, or other thin debris with little friction
- Dust or fine dirt
- Film or residue leftover from cleaning chemicals
- Grease or oil
The angle of flooring or ground can also increase the chances of a slip and fall. Angled stairs steps or a slanted section of floorboards can catch a victim unaware and cause a foot to slide out. Unfortunately, some property owners and business owners realize what happened after a fall injury and take unethical means to protect themselves from liability by cleaning up the slipping hazard before anyone finds out. The Windsor personal injury lawyers at Preszler Law Firm conduct exhaustive investigations to determine the cause of the fall when necessary. This includes talking to store managers, employees, witnesses, and other relevant parties.
Fighting the At-Fault Party’s Invalid Excuses
It is never in the best interest of a business or insurer to accept liability and payout whatever the plaintiff is asking in terms of compensation. As such, business owners and insurance adjusters are typically eager to blame the injured party themselves. Common arguments include the following:
- The victim’s footwear caused the fall
- The victim is old, and therefore has poor balance;
- The victim must have been intoxicated; or
- The victim was running or doing something dangerous, which caused them to fall
Some of these claims are valid, which can make them hard to disprove. For instance, 20% to 30% of seniors fall each year, according to Health Canada, and poor footwear is a cause of many falls, according to a study. In order to win your claim, you have to prove negligence or a breach in the duty of care was the cause of the fall.
Complete a Free Case Evaluation form now
Proving Negligence Requires Showing That the Property Owner Had Actual or Constructive Knowledge
In order to prove negligence, we must be able to show that the business or property owner had actual or constructive knowledge about a slipping hazard, they had time to address the hazard, and failed to resolve the hazard. Starting at the beginning, a property owner with actual knowledge might have been told by an employee about water leaking from a pipe onto the ground, or seeing the puddle from the leaking pipe themselves.
Constructive knowledge would be finding out that a pipe had burst without seeing a puddle of water. In this scenario, a property owner should be able to figure out that, since a pipe is leaking, it is likely that water is pooling somewhere, which could cause someone to slip and fall. In terms of having enough time to address the hazard, that depends on the situation. If a customer in a grocery store spilled a glass container of juice on the floor and someone next to them slipped on it seconds later, it could be argued that the business owner did not have time to mop up the mess or put up hazard signs. If the spill was unattended for half an hour, however, the business owner would likely be found at fault for failing to take immediate action.
What to Do After a Windsor Slip and Fall
The immediate steps you take after a slip and fall can have a dramatic effect on your personal injury claim or lawsuit. Victims of slip and falls are strongly encouraged to take as many of the following actions as they can:
- Report the fall to the property owner, business owner, manager, or an employee of the business
- Ask for witnesses’ contact information
- Take pictures of the slip and fall location and the substance or material that caused the fall
- Seek medical attention
- Save your footwear as evidence by placing them away in a closet without cleaning or altering them
- Call a Windsor slip and fall lawyer
Call the Windsor Slip and Fall Lawyers at The Preszler Law Firm Today for Help
Most people have never been in the situation that you are currently in, and it is completely understandable if you are unsure of what your next move should be. Being the victim of an injury caused by another party’s negligence is not easy, particularly when the at-fault party denies blame or denies the severity of your injuries.
The best thing that you can do to help yourself is to call an experienced Windsor slip and fall lawyer. Here at Preszler Law Firm, our personal injury lawyers are skilled in strongly negotiating with insurers and resolving lawsuits in court when necessary. To schedule a consultation at no charge with one of our compassionate and dedicated lawyers, call 1-800-JUSTICE today.