Part of being a property owner or manager is keeping the grounds safe and free of hazards, or at the very least warning of those hazards. But as far too many people find out, not all property owners take this responsibility as seriously as they should.
If you are injured in a slip and fall accident while on another party’s property, then you know too well the pain, suffering, and financial burden that can arise because the property owner was negligent. Fortunately, you have options to recover compensation for the damages you suffered through the help of an experienced injury attorney.
Barrie slip and fall lawyers help injured people seek compensation for injuries and losses related to accidents on other people’s property.
Our slip and fall accident lawyers can meet with you in Barrie for a free initial consultation. Call (416) 364-2000
A slip and fall accident occurs when someone has slipped and fallen due to a substance like water, ice, juice, wax, grease, or anything like that being present on a floor or walking surface. A slip and fall is also a generic term which can include trip and fall accidents. Trip and fall accidents include falls where people trip on uneven ground, potholes, broken stairs or trip ledges. Personal injury lawyers use these terms as a reference to a claim that an injured person may have because a property owner or occupier was negligent in allowing some dangerous condition to exist that caused an accident.
Barrie Slip and Fall Accidents Lawyer Near Me (416) 364-2000
Often when people fall down, their instinct is to catch themselves, to reach out and try to stop their momentum with their hands and arms. Common injuries seen are injuries to the hands, arms, wrists, and to the shoulders. These are sometimes referred to as FOOSH injuries, an acronym for – fall on an outstretched hand. This is a common injury sustained as a result of a slip and fall. Barrie slip and fall lawyers also see a lot of injuries like broken ankles, fractured vertebrae in the back and neck, and head injuries.
Proof of Eligibility for Damages
Under the Occupier’s Liability Act, property owners in Barrie are liable if their negligence causes or contributes to injuries that befall someone on the property. To hold a property owner liable, a person needs to prove the following:
- They were legally on the property and acting in a safe manner
- A hazard existed for a long enough period that the party responsible for the property had time to remedy or warn of the hazard
- They were acting in a safe and reasonable manner when the accident occurred
- They suffered injuries and damages
A slip and fall attorney in Barrie will need to present the insurance company with convincing evidence of negligence and fault before they will approve their client’s claim.
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Value of Claim
The value of their claim depends on several factors that identified in the investigation process:
- Their medical costs
- How long they are unable to work
- How much income they lost or will lose
- Necessary assistance (caregivers, housekeepers, rehabilitation, etc.)
- Their pain and suffering
- Any short- or long-term disability
Some of these items such as an individual’s lost wages are straightforward to calculate by looking at their work absence and regular pay. Other items such as pain and suffering are not tangible amounts.
Even some economic losses, especially estimated future medical costs and lost earning capacity, are difficult to calculate. A Barrie slip and fall lawyer typically determines a case’s value by consulting medical and vocational experts to estimate future losses, as well as pain and suffering.
Benefit of a Lawyer
The insurance company might try to challenge your claim by suggesting:
- Your negligence caused your injuries
- The property owner did not have enough time to correct or warn of the hazard
- You were trespassing or attempting to commit a crime on the property
- It was an unforeseen hazard that a reasonable person would not have noticed
- Your injuries are not related to the accident or not as severe as you say
A Barrie slip and fall attorney can help you build your case and overcome these and other excuses the insurance company makes to delay, undervalue, or deny your claim.