Toronto Slip and Fall Lawyer
Slip and fall accidents are extremely common, and they can sometimes leave the victim with injuries that will follow them for the rest of their lives. When a slip and fall accident occurs on someone else’s property, and it was due to negligence on the part of the property owner, they may be held liable for any injuries sustained.
As such, accident victims can often seek compensation for things like medical bills and lost income that are a direct result of the accident.
When slip and fall accidents happen in Ontario, it is important that the injured parties seek the help of a Toronto slip and fall lawyer. There is no time to lose so, contact an experienced injury attorney today.
Causes of Accidents
Unfortunately, a slip and fall accident can occur anytime and anywhere. Because of this, the causes of slip and fall accidents are varied. The most common causes are:
- Cluttered walking spaces
- Loose floorboards
- Cracks, defective, or broken sidewalks
- Potholes in parking lots
- Carpeting that is ripped or torn
- Slippery floors
- Weather conditions such as ice and snow
- Nursing home accidents, when nursing home staff do not properly monitor and assist their residents while they are walking
- Improper footwear
When individuals are in a slip and fall accident, and they believe it was due to someone else’s neglect, it is imperative that they speak to a slip and fall lawyer in Toronto immediately.
Just as the causes of slip and fall accidents are extremely varied, so are the resulting injuries. Most individuals will walk away from a slip and fall with only minor bruises and scrapes, and some might not be injured at all. Sometimes, however, injuries resulting from a slip and fall can be quite severe. The most common injuries that warrant attention from a Toronto slip and fall lawyer are:
- Broken/fractured bones
- Back and spine injuries
- Neck injuries
- Broken hips and/or pelvis
- Torn ligaments and tendons
- Traumatic brain injuries
- Carpel tunnel syndrome
- Internal bleeding
While not as common, for individuals that are particularly vulnerable to slip and fall accidents, such as senior citizens that have fragile bones, slip and fall accidents can even cause death.
Parties Involved in Slip and Fall Accidents
Anyone can be injured in an accident from young children to adults. There can be other plaintiffs as well—family members and spouses can also be plaintiffs in these types of actions and they are called Family Law Act plaintiffs. Usually, they are included as plaintiffs in a case where there is a loss of care, guidance, and companionship or a loss of shared family income as a result of the injury to the plaintiff.
As for the defendants, anyone who is deemed an occupier can be a defendant. Owners of a property where an accident occurred are commonly included as a defendant in a slip and fall case. A property manager, somebody that the owner has hired to manage the property and make sure a property is safe, can commonly be included as a defendant in a slip and fall case.
In the case of a slip and fall accident as a result of winter conditions, a winter maintenance contractor can commonly be included as a defendant. Where an owner hired a winter maintenance contractor to take care of the property and the slip and fall accident occurs.
When it comes to the issue of age, for a younger claimant, somebody who is in their teens, an injury that they have sustained may have consequences that affect their life for a very long period of time and their future treatment needs will persist for a long time. In a case like that, Toronto slip and fall lawyers often retain medical, vocational and future care experts that put forward an opinion on what the future holds for a young person who sustained an injury. Those opinions will help to guide their assessment when the time comes to settle the case.
An elderly person who sustained an injury in a slip and fall accident may, however, be faced with the argument by an insurance company that there their damages for pain and suffering are worth less because of their age. Courts have rejected this argument on a number of occasions and recognized the Golden Years Doctrine. This doctrine places greater economic value on the remaining years of pain and suffering of an elderly person as compared to the increased life expectancy of a younger person with similar injuries.
To have a legitimate slip and fall accident claim, the slip and fall must have caused injury, and it must have been caused by the negligence or lack of care of another person. For instance, if a person is walking in a mall and trips over their own shoelace, there is no eligible claim for a slip and fall accident. The individual was responsible for making sure their shoelaces were tied properly, and no one owed them a duty of care.
However, if the same individual was walking in the same mall and trips over construction materials that were left out, they could have a legitimate claim because the mall owners owed them a duty of care to ensure they had a safe space to walk. The first thing a slip and fall lawyer will look for is any evidence related to the particular hazard that caused the accident. Ideally, this will be photographs of the condition that caused the accident. A Toronto slip and fall lawyer will want to know the identities and evidence of any witnesses who actually saw the accident.
Contact a Slip and Fall Attorney in Toronto Today
Time is of the essence in any slip and fall accident case, but this is particularly true in Toronto. While accident victims often have two years from the date of injury to file a claim, there are circumstances, depending on the entity that owns the property, where written notice is required.
An example of this are claims that occur on “highways” which are owned by the City of Toronto or any other municipality. In these circumstances, accident victims may have only ten days to give written notice. It is not always clear what is city property, and what is not.
Therefore, it is so important that if you have been injured in a slip and fall accident, and you think someone else is to blame, you speak to a qualified Toronto slip and fall lawyer today. You may be eligible for compensation, and a skilled lawyer wants to help you get it.