Often times the victims of slip and fall accidents assume that they occurred because of the victim's own negligence. However, property owners are responsible for injuries that occur, if negligence was involved. From dangerous steps to a slippery floor, unkempt and dangerous properties are a hazard to everyone.
When someone trips, slips, or falls as a result of a hazardous condition on someone else’s property, serious injuries can occur. If you have been injured in a slip and fall accident, contact an experienced lawyer to help fight for your rights.
It is important that you have a personal injury lawyer acting on your behalf who has experience with slip and fall claims and can help you negotiate a fair settlement for your slip and fall claim. Most property owners have insurance, so the claims are often defended by an insurance company that has the experience and monetary resources to try to minimize the amount of compensation paid. The personal injury lawyers at Beckett have represented hundreds of people injured in slip and fall accidents and can ensure you get the compensation you deserve.
At Beckett Personal Injury, you can easily contact us by phone or email before visiting us in person. If your slip and fall injury prevents you from coming to our office, we can make house calls and hospital visits. We will ensure you understand the legal process and that we have all relevant information before we start a lawsuit. We will file the paperwork — the Statement of Claim — that starts your slip and fall lawsuit. There may be other benefits you are entitled to, which we will alert you to and help you apply for. We can also direct you to health care providers like physiotherapists, depending on the severity of your slip and fall injury.
"I hired Beckett to help me after I slipped and fell and broke my ankle in a parking lot. When the insurance company wouldn’t pay, Chris Beckett took my case to trial and won." Emily, Melbourne, ON
If you have been injured in a slip and fall accident, the first step is seeking and obtaining appropriate medical care. When you speak to medical professionals about your injury, make sure you clearly describe the circumstances regarding your injury, including the location and causes of your fall. Take pictures of the location of your fall as soon as possible after the accident.
You should then meet with a personal injury lawyer to discuss your fall and ensure that your rights are protected. Once you are well enough to do so, you should report your slip and fall accident in writing to the property owner. This step is often taken with the assistance of a lawyer but it can be done by you without a lawyer if you prefer. It is important that the property owner be aware of your fall to ensure that no one else is injured. As part of notifying the property owner, you should also request that the property owner preserve any video surveillance that may be available and that an incident report be completed. Ask that the property owner notify their insurer of your fall.
Make sure that you preserve the footwear you were wearing at the time of your fall. Those responsible for your fall and their insurance companies will often argue that you fell because your footwear was not appropriate for the conditions in which you were walking. By preserving your footwear in the same condition that it was on the date of the fall, you can help to defend against that argument.
You have two years from the date of your fall to start a lawsuit, should you decide to do so. In very limited circumstances it is possible to sue for your fall more than two years after it occurred; this will require you to prove that you were not aware of your injuries or of the property owner’s negligence on the date of your fall. This may be impossible or extremely difficult. Different timelines may apply for children who have been injured in a slip and fall, or for those who do not have full capacity. If you or a loved one has been injured in a slip and fall, you should speak with a personal injury lawyer as soon as possible to ensure that your rights are protected.
If your landlord’s negligence resulted in your slip and fall injury, you may well be able to sue. In order to be successful against your landlord, you must be able to show that your landlord was negligent in maintaining the property and that that negligence caused your fall. You will also need to show that your landlord knew or ought to have known (for example, through regular inspections) of the unsafe condition that caused your fall. In addition, sometimes the lease agreement that you signed may indicate that certain maintenance duties are your responsibility and not the landlord’s. Whether or not you can sue your landlord for a slip and fall injury can be a complicated issue. If you are injured on property that you rent from someone else, you should immediately obtain advice from a personal injury lawyer.
There are specific notice requirements that must be met when you fall on public property. These are contained within the Courts of Justice Act, Municipal Act, 2001 and the Occupiers' Liability Act.
If you slip and fall on public property, you need to notify the city or public body that owns the property within 10 days of your fall. The notice should be in writing and should set out the date and location of the fall and provide details of your injuries. You must deliver the written notice in person to the clerk of the municipality or send it by registered mail. The purpose of the notice requirement is to allow the public body to investigate the fall in a timely matter. A lawyer can send the notice letter on your behalf.
If you are injured in a slip and fall on public property, you should consult with a personal injury lawyer as soon as possible to ensure that the notice requirements are met and that your rights are protected.