Slip-and-falls are a common cause of personal injury accidents in Canada. If you are injured in a slip and fall, you may want to consider bringing an action to compensate you for your suffering.
An injured person would start a personal injury lawsuit against the owner or tenant (occupiers) of the premises where they were injured. Occupiers are responsible for the maintenance and upkeep of their property. They must remove or repair hazards on their property. These include:
Occupiers must meet a reasonable standard of care to protect those who enter their property. This is defined as anyone in control of the property, including the property owner, a tenant, or even a house sitter.
Occupiers can meet the required standard of care by:
If an owner does not live on the property, they can still be found liable if the tenant or occupier fails to meet their duty of care.
An occupier could be found liable if a person slips or falls on their property and the occupier had not lived up to their duty of care to keep the property reasonably safe and obstacle-free. The injured person may sue for:
If a person slips and falls because the occupier did not remove ice from a walkway on their property, they may sue for any or all of the above damages, depending on their particular circumstances.
The court would consider several factors when determining whether an occupier is liable for the injuries suffered by the injured person. These factors include:
A court will also consider whether the injured party’s own conduct contributed to the slip-and-fall injury. For example, if you ran on an icy walkway on the occupier’s property, you did not take reasonable care in the circumstances to protect yourself from being injured. This is known as contributory negligence.
If you were partially responsible for slipping and falling, you may still be entitled to damages, but they may be reduced.
If you slip and fall and think that the occupier of the place where you fell could be liable, you should try to document the conditions that led to the accident as soon as possible, including taking photographs or videos of the area. An occupier can clear ice or remove hazards very quickly after an accident has occurred.
You should also consult an experienced personal injury lawyer. They know how to investigate the accident and determine if the occupier could be found liable for your injury and build a case and to advocate strongly on your behalf in litigation.
“I met with Michael on one of the worst days of my life. He put me at ease right away. He explained everything upfront and gave me confidence. The process was made clear and he kept me in the loop every step of the way. It was smooth and easy. I have recommended Michael to friends and family. Thank you so much, Michael, for your concern and professionalism!”
“I hired Mr. Michael Walter to settle my Insurance claim following my car accident injury. His quality of work and follow-up on my case exceeded my expectations and his fees were fair”.
“Thank you to all the staff at Pereira Walter Lawyers, for the good job done well. I am very happy”.
“Michael’s knowledge and explanation of the step by step process of our case was reassuring. Also, his personality and positive outlook was very comforting to both of us”.
“During an extremely difficult time in my life, Michael provided not only outstanding professional legal council, but also compassion and reassurance which helped greatly”.
“My son and a friend recommended that I contact Carlos when I thought of lodging a claim against an insurance company. A big thank you for the favourable outcome of my claim. I would also like to mention that at all times you were friendly and efficient and a pleasure to have dealings with”.
“Not only was Michael attentive to my requests, he delivered true professionalism, integrity and maintained a level of steady support throughout the difficult process. All combined made for a more deliberate outcome and resolve for my particular case.”
“Thanks Michael for all your help and patience. Without your help and the help of your staff, I would have received nothing”.