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A slip and fall can cause serious injuries such as orthopaedic injuries, severe muscle strain, traumatic brain injury or trauma to internal organs. If you have been injured as a result of a slip-and-fall you should not assume that it was your fault. Stores, private residences and municipalities have a responsibility to keep their premises safe. This includes taking reasonable measures to ensure that there are no hazards that could cause an injury to people using their property. The lawyers at Mann Lawyers can help you to understand your rights following a slip-and-fall injury.
Owners and occupiers must take reasonable steps to maintain their property. This includes quickly cleaning up spills, fixing damaged railings, and clearing snow and ice from sidewalks. A trip is often not just a trip; a serious fall can cause broken bones, orthopaedic injuries and even traumatic brain injury. These injuries can take a long time to heal, or may never heal completely.
In Ontario, the Occupiers’ Liability Act codifies the law regarding an occupier’s liability in respect of damages to individuals entering onto an occupier’s or owner’s premises. The Act applies to most cases involving slip and fall accidents brought against an owner of a private property, a commercial establishment or in some cases involving a municipality.
If you bring a claim against an occupier or an owner of a property, the occupier or owner will try to argue that you were wholly or partly responsible for your fall. This theory will be based strictly on facts. Thus, gathering the following information will be crucial to refuting the theory.
Taking the next Steps Following Injury
If you have been injured in a slip and fall you should keep a record of the following information in order for your lawyer to be in the best position to determine your chances of success and the amount of your potential damages:
1. Prepare a general summary of the event including the time, date, cause and precise location of incident.
2. Take photographs of the general location of your fall and the hazard that caused you to trip or slip as well as of your injuries – a picture is worth a thousand words.
3. Preserve the footwear you were wearing –take photos of the footwear including the soles.
4. If weather was a factor, such as a slip and fall on ice, note the weather conditions leading up to and at the time of the fall.
5. Report the incident to the property owner or property management immediately.
6. Get the name of the owner of the premises and if possible the name of any contractors hired to maintain the property.
7. Submit an incident report, leave a copy with the owner and keep a copy.
8. Get the names and contact information of any witnesses.
9. Make a list of the injuries you suffered as a result of the fall.
10. Keep a record of the treatment(s) you have received and are receiving for your injuries.
11. Keep a record of the name(s) of health care providers you are seeing for your injuries.
12. Keep a record of any out-of-pocket expenses associated with your injury such as mileage and parking costs for medical appointments, medication costs, physiotherapy, massage therapy costs, etc. and keep the receipts.
13. Keep a record of missed work or income opportunities.
Legal advice immediately following your fall is important to ensure legal deadlines are met for filing an injury claim. If you have been hurt on city property, the timelines are particularly short and strictly enforced by the courts. Quick action is also necessary to allow for proper investigation of the scene and gathering of physical evidence such as photographs or videos.
Mann Lawyers has a longstanding relationship with the Ottawa community. We have seen our city grow, our sidewalks become more congested and our shops busier. When a slip-and-fall injury happens and you are badly hurt, you deserve assistance and advocacy from a respected local law firm.
Mann Lawyers is a respected Ottawa law firm dedicated to ethics, integrity and results in legal practice. We offer a free initial consultation for potential clients with personal injury claims. To arrange a meeting about your injury claim, contact us by phone at (613) 722-1500 or 1-888-420-0577 (toll-free) or by email at email@example.com.
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Frequently Asked Questions
How likely is it that a settlement will be reached?
This depends on how complex your case is and significant your injuries are, in addition to who is at fault. By having sufficient evidence supporting your side of the story, Mann Lawyers can help you determine the strength of your case. When dealing with slip and fall injuries, we need to examine everything from the time, date and location of the accident to whether there were witnesses, surveillance videos or photos, and more.
What are the common causes of slip and fall injuries?
In Ontario, the majority of slip and fall injuries occur during the winter, usually in environments such as icy sidewalks and paths left untreated by a property owner. Other instances can include trip hazards in workplaces, pooling water on restaurant floors, uneven carpeting that is not installed correctly, and more.
What can I request damages for?
With slip and fall-related accidents caused by someone else’s negligence, compensation may be awarded for a variety of losses. These can include lost wages due to time spent recovering in addition to coverage for treatment-related expenses. Aside from this, non-pecuniary damages – meaning compensation for pain and suffering – are also possible. In some cases, all three are available, making for a larger settlement that scales with the severity of the accident and subsequent recovery period.
How can a property owner or occupier dispute my claim?
If you do not have sufficient evidence that places them squarely in the wrong, it may be possible for the property owner or occupier and/or their defense lawyer to dispute any responsibility for your injury. In return, they often will attempt to place the blame on you, which is why gathering evidence and information proactively – even moments after your accident occurs – can make a dramatic difference when pursuing legal action or a settlement.
How else can Mann Lawyers help me?
We want to be more than personal injury lawyers; our team of experts also wants to become a group that you can trust in your time of need. Nobody deserves to prolong their stress and suffering while recovering from a slip-and-fall-related injury, which is why we strive to help you connect with medical professionals and skilled therapists to help make your journey more comfortable. Reach out to us today for a free initial consultation – and for peace of mind.
Every Injury is Unique. We Take a Customized Approach For You.
I could never have imagined what care Mann Lawyers have given to my family through the years. Edward Masters is truly a great lawyer and an asset to my family. Thank you.
A couple of years ago my life changed as a result of a slip and fall. I sustained some serious side effects that have continued to negatively affect my quality of life. As a lay person, suffering with a concussion, it can be very daunting to navigate the legal system. Thankfully, I was advised to seek out Mann Lawyers and specifically you (Karine Devost), as my legal counsel. That was probably the best advice I have ever received. Karine, you are intelligent, empathetic and you really "listen". You and your team's professionalism and commitment for a fair settlement went far beyond my expectations. I want to thank you so very much for your kindness and your dedication. I will be forever grateful to you for making my life better. It is because of you that I received a fair and reasonable settlement without going to court.
After having a serious motorcycle accident in 2015, I was comfortable having Mann Lawyers deal with my legal matters. My lawyer, Ted Masters, kept my wife and me informed concerning the legal steps as well as getting help that was required for my recovery. I appreciated the fact that Ted was able to explain things in a down to earth way. He was always available when needed and I would highly recommend him and Mann Lawyers.
I was represented by Mann Lawyers in a disability related case. Ted Masters built a strong argument based on my disability of Multiple Chemical Sensitivity. Ted has a lot of experience and strategies to advocate on behalf of his clients. As a result, we were successful. Ted’s approach with me was always reassuring, logical, humane and respectful of my personal situation. I really appreciated that he could be reached easily at all times.
Mr. Cantor helped me settle both my Accident Benefits and Torts claims. Throughout the process he was always my strongest advocate and fought for me even when I was not strong enough to fight for myself. Mr. Cantor, and his Legal Assistant Julie were always there for questions or support. He was able to put together a team that helped me get back to work and normal functions of everyday life post-accident. I was very satisfied with my final compensation and highly recommend Mr. Cantor for his professional, supportive and compassionate services.
I was referred to Kevin Cantor, from Mann Lawyers, after the death of my brother in 2016. After explaining what had happened, Kevin agreed that we had grounds for a medical malpractice suit. Kevin was excellent, explaining what would happen if we went ahead with the suit and what to expect from the defendants lawyers. Kevin was always prepared for court and I never lost confidence in his ability to help me when I needed it the most. Kevin and his secretary Julie both did an awesome job. This was a long process and as the case progressed, Kevin showed complete professionalism, and caring. Kevin was successful and I was awarded a sizable settlement. I would highly recommend Kevin to anyone facing the challenge of losing a loved one due to malpractice and negligence.