Slip and fall accidents are covered under an area of personal injury law known as premises liability. The Ontario Occupiers’ Liability Act covers the aspects of premises liability law for Brockville homeowners and business owners, and requires them to take reasonable care to ensure that anyone on their premises remains safe the entire time they are there. Injuries from slip and fall accidents are the main type of cases seen in premises liability law in Brockville.
While the Occupier’s Liability Act does largely place responsibility on the owner or occupier of a property, there are circumstances in which the injured party may also be held partly to blame. The owner of the property may try to use these circumstances as a defense in order to avoid paying full compensation for injuries. For this reason, it is important that anyone who has been injured in a slip and fall accident speak to a Brockville slip and fall lawyer as soon as possible. A compassionate injury lawyer can help their client to seek appropriate compensation.
Our slip and fall accident lawyers can meet with you in Brockville for a free initial consultation. Call (416) 364-2000
Dangerous Conditions Leading to Slip and Fall Accidents
Any number of conditions could lead to a slip and fall accident. The most common instances that Brockville slip and fall lawyers see include:
- Slippery walkways due to ice and/or snow
- Slippery floors due to spills that have not been cleaned up
- Inadequate lighting conditions
- Handrails along ramps or stairs that are loose, broken, or missing
- Flooring that has gaps, cracks or holes
- Uneven walkways
This list is certainly not exhaustive, as any time a danger is present it could contribute to a slip and fall accident. When individuals are injured and they believe they may have a slip and fall case, they need to speak to a slip and fall lawyer in Brockville that can help them determine if they have a case.
Brockville Slip and Fall Accidents Lawyer Near Me (416) 364-2000
Claiming Compensation After an Accident
Injuries from slip and fall accidents can incur a number of expenses for the injured party. Medical expenses not covered by OHIP may have to be paid out of pocket, and income may be lost if the injured individual has to miss work as a result of the accident.
Compensation can be claimed for these expenses as well as rehabilitative costs, and property loss when a person’s property such as clothes or shoes have been damaged. Pain and suffering can also be claimed in slip and fall cases, but the Supreme Court of Canada has placed a cap of approximately $360,000 on these types of damages.
There are many types of compensation available for injuries, but victims of an accident may not always be aware of them. For this reason, it is advised that injured individuals speak to a Brockville slip and fall lawyer that knows the law and will be able to help get the full amount of compensation they may be entitled to.
In some cases, the defense may try to prove that the victim of the accident was partly at fault for the accident. Sometimes, the courts may agree with them. This is known as contributory negligence in personal injury cases. There are many instances in which the defense may try to prove contributory negligence. These include if the victim was not wearing proper footwear, especially if their footwear was not appropriate for the conditions, and if they were not paying attention to where they were walking.
There are many instances in which the defense may try to prove contributory negligence. These include if the victim was not wearing proper footwear, especially if their footwear was not appropriate for the conditions, and if they were not paying attention to where they were walking. For instance, if the victim was looking at their phone while walking and missed signage indicating a spill, this could be proven as contributory negligence.
The courts may also find that owners or occupiers are not responsible if the injured party was under the influence of drugs or alcohol, or if they were otherwise engaging in a reckless or unpredictable manner. Contributory negligence may be brought up in court, but that does not always mean that it can be proven. A Brockville lawyer can combat these claims so that those injured still receive the compensation they deserve.
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Contact a Brockville Slip and Fall Lawyer
If you or a loved one has been injured in a slip and fall accident, consult with a Brockville slip and fall lawyer that can help you with your case. Your chances of success improve significantly when you have a professional fighting for your rights.