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A Detailed Guide To Slip And Fall Accidents In Canada: Causes, Liability, And Compensation

03/10/23

Slip and fall accidents are a nuisance that can happen to anyone, anywhere, and anytime. Not only do they cause physical trauma, but they can also lead to emotional scarring. Not surprisingly, slip and fall accidents are Ontario’s most common causes of personal injury claims. Therefore, understanding the legal implications and how to pursue compensation for your injuries is essential. This post will discuss the causes of slip and fall accidents in Ontario, the legal liability for property owners, and the compensation available for victims. You can take the necessary steps to protect yourself and recover the damages by understanding your rights thoroughly and consulting a slip-and-fall accident lawyer. No matter which part of Ontario you reside in, this guide will help you wade through the legal process easily by understanding the causes, liability, and compensation related to slip and fall accidents in Ontario.

Causes for slip and fall accidents

There are various reasons for slip and fall accidents. The reasons are endless; from a natural reason to an error in sight to a lack of maintenance, the possibilities are countless. Let us look at some of the most common causes of slip and fall accidents. 

  1. Wet and Slippery Floors – It may surprise many but floors that are wet or slippery due to spills, rain, or snow are common causes of slip-and-fall accidents and happen more often than not. Property owners must address these hazards promptly by placing warning signs, using non-slip mats, and regularly cleaning and maintaining the floors.
  2. Uneven Surfaces – Uneven surfaces, such as cracked pavement or flooring, can cause slip-and-fall accidents too. Property owners should regularly inspect their premises to identify and repair potential hazards.
  3. Poor Lighting – Poor lighting is among the most popular reasons for slip and fall cases. It can be easier to see potential hazards with proper lighting, especially in dimly lit areas such as stairwells or parking lots. Therefore, property owners should ensure that all areas of their property are adequately lit to prevent accidents.
  4. Loose Carpet or Flooring – Loose or damaged carpet or flooring can cause someone to trip or lose their footing, resulting in a slip and fall accident. Property owners should repair or replace any damaged or loose flooring immediately.
  5. Debris or Objects on the Ground – Debris or objects left on the ground, such as boxes, equipment, or cords, can cause someone to trip and fall. Property owners should keep their premises clear of any unnecessary objects that could cause accidents. 
  6. Icy or Snowy Conditions – In Canada, icy or snowy conditions during the winter months can pose a significant hazard. Property owners should regularly remove snow and ice from their premises and use salt or sand to prevent slippery conditions.

Liability for Slip and Fall Accidents

In Ontario, the law on liability for slip and fall accidents is based on the principles of negligence. The duty of care includes maintaining the property, fixing hazards, and warning visitors of any potential dangers.

The Occupiers’ Liability Act is Ontario’s primary legislation governing liability for slip and fall accidents. The Act applies to all types of property owners, whether commercial, individual, or municipality.

Determining liability for slip and fall accidents can be complicated, depending on each case’s circumstances. As mentioned above, property owners need to ensure the safety of visitors on their premises. Under the Occupiers’ Liability Act, the occupier of a premises owes a duty to take such care as in all the circumstances of the case as is reasonable to see that persons entering on the premises are reasonably safe while on the premises. If they fail to meet this duty, they may be liable for any injuries that result from slip and fall accidents. To establish liability for slip and fall, it must be proven that:

  • The property owner was an occupier and had a duty of care to the victim
  • The property owner breached that duty of care by failing to maintain safe premises
  • The victim suffered injuries as a result of the breach.

Compensation for Slip and Fall Accidents

The compensation for victims of slip and fall accidents in Ontario may include the following damages: 

  1. Medical expenses – Compensation for any medical bills the victim incurred as a result of the accident, such as hospital stays, surgeries, and rehabilitation, can be claimed. 
  2. Lost income – If the victim’s employment gets affected due to injuries and they cannot work, they can claim compensation for lost income.
  3. Pain and suffering – Victims can claim compensation for the physical and emotional pain and suffering they experienced due to the accident.
  4. Other damages – Victims can also claim compensation for other expenses related to the accident, such as home modifications or vehicle modifications.

How SG Injury Lawyers Can Help

Getting yourself a slip-and-fall lawyer is advised if you ever suffer a slip-and-fall accident. Our team of experienced lawyers can:

  1. Investigate the cause of the accident – We’ll work to determine who was responsible for the accident and build a case for compensation.
  2. Negotiate with insurance companies – We’ll negotiate with the insurance companies involved to get you a fair settlement.
  3. Represent you in court –  SG Injury Lawyers will represent you to fight for your rights and get you the compensation you deserve if a fair settlement was not reached earlier. 

Slip and fall accidents are common in Ottawa and across Eastern Ontario and can result in serious injuries and damages. If you’ve been the victim of such an unfortunate accident, we at SG Injury Lawyers will be happy to help. Our team of legal experts will help you wade through the legal process and ensure you receive the compensation you deserve. Contact us today!