Slip and fall accidents can be some of the most devastating accidents that victims can suffer. When falls happen because of a business or property owner’s negligence, the results are both devastating and tragic in that they are caused by a property owner’s carelessness. As devastating as they are, falls are also common; falls are Canada’s most common cause of injury.
Our slip and fall accident lawyers can meet with you in Lindsey for a free initial consultation. Call (416) 364-2000
What Is a Slip and Fall Accident?
As the name implies, a slip, trip, and fall accident are caused when someone falls because of a condition that is put onto or allowed to remain on, a business or property owner’s property. Dangerous conditions can include uneven or unlevel flooring, objects left in areas where people walk, or substances left on floors.
There are some common scenarios in which trips and falls happen. Some examples include:
- Business owners having floors cleaned but failing to put warnings so that customers avoid the area
- Business or property owners that either causes a wet or slippery substance to spill onto, or remain on their floor. This can include substances that are not wet—for example, small granules of salt or sand can make an otherwise safe flooring very slippery and dangerous.
- Business or property owners that allow boxes, objects, or equipment to lie in areas where people walk or that allow holes or ditches to remain on their floors
- Areas where flooring is not properly maintained. This can include folded over doormats, torn carpets, flooring tiles that are uneven or raised, or sidewalk tiles that are raised because of tree root growth from underneath.
- Failing to protect populations that are special fall risks, such as patients in hospitals or residents in nursing homes
- Businesses or property owners that do not maintain stairways. Owners may allow water or snow to accumulate, fail to provide proper handrails, allow uneven steps to remain unrepaired, or may provide poor lighting in stairwells and stairways.
Lindsey Slip and Fall Accidents Lawyer Near Me (416) 364-2000
Who’s to Blame?
Business and property owners often try to blame the victim for his or her own injuries. Certainly, we all have an obligation to look out for ourselves and look where we are walking. If you run into a 10-foot high forklift, or you fall because you were in an area of the store that you should not have been in, or you slip because you were running, the law will usually make you responsible for your injury.
However, business owners will try to blame the victim for causing the accident, no matter how the accident occurred. This is why it is important to find a good slip and fall lawyer, who can anticipate these defenses, and gather the evidence needed to show that it is the property owner who was negligent in failing to maintain, inspect, clean, or monitor their property.
Injuries Caused by Falls
Injuries that occur as a result of falls can be devastating. In a fall, the body is often thrust forward when the feet are unexpectedly trapped (for example, if someone’s foot were to become jammed on uneven pavement). The body can also fall backward if the feet slip out from under the victim.
In a fall, the victim’s head may hit the ground, which can cause catastrophic traumatic brain injury or brain bleeding. These injuries can have permanent and lifelong effects on the victim.
It is a natural reaction for a victim to put out his or her hands, in an attempt to brace or cushion the fall. This can lead to catastrophic finger, wrist, elbow and shoulder injuries as these parts of the body slam into the ground, taking the full impact of the body’s fall.
As the body is falling it may twist, causing the ligaments in knees to tear, and if the victim lands on his or her hips, hip fractures that can lead to hip replacements may be necessary.
In Lindsey, the Ontario legal principle of the thin skull applies. This means that a negligent defendant must compensate you for your injuries, even if your background makes you more susceptible to injury.
For example, a defendant cannot argue that it should not have to compensate an elderly person who is catastrophically injured because the elderly person was frail, brittle, or more susceptible to injury. Likewise, if a defendant causes someone to trip and fall, and that person’s injuries are made worse because the victim has hemophilia, or diabetes, or another condition that may complicate or make healing difficult, the defendant still must pay full damages to the victim.
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What to Do After a Fall
If you are in a fall, you should certainly report your fall to the owner of the property. If you fall in a commercial business, employees will likely come to your aid. Try to make note of what you fell on. If it was an object, what size was it, where was it, and what did the object look like? If it was a substance, what color was the substance? Were there any warnings that the area was dangerous, such as signs, cones, or tape blocking the area off? Any pictures that you can take of the scene, or what caused your fall, will be helpful.
You should also preserve the clothing that you are wearing, even if it is stained with blood, or the substance you fell on. It may be useful evidence in your case later on.
Damages for Fall Victims
Victims of slip and fall accidents in Lindsey can recover for their medical expenses, future medical expenses, lost wages, and any other type of economic or pecuniary damage that they suffer. Additionally, victims may be compensated for the pain, loss of enjoyment of life, or emotional trauma (such as depression, anxiety or fear) that the accident causes.
Under Ontario’s Family Law Act, family members of a victim can be compensated for the loss of support, companionship, or care of the victim. If the victim cannot work, the law will compensate family members for the loss of economic support as well.
There are short time frames for filing a claim against a careless property owner for causing a slip and fall. It is always best to get a lawyer involved as quickly as possible. A slip and fall lawyer can explain to you what you can expect in your case, and help you gather the evidence you need to prove your case.
The Lindsey slip, trip, and fall lawyers at Preszler Law Firm can help you if you were injured while on a business or property owner’s premises. Call us today to discuss your case, and how to recover damages for the injuries you have suffered.