Slip and Fall Injuries: Fallacy vs. Truth

"Slip, trip, and fall" accidents are unfortunately common. If you have been injured as a result of a slip or trip and fall incident, you should know that you may have legal recourse against the owners or occupiers of the property where you fell, depending on the circumstances of the fall. If you can show that the persons or entities responsible for maintaining the area where you fell  was negligent, you maybe entitled to seek compensation for pain and suffering, medical expenses, lost income, and other damages resulting from their negligence.

Myth 1: Slip and Fall Accidents Only Result in Minor Injuries
In reality, slip and falls can result in significant injuries such as spinal cord damage, skull fractures, broken bones, and even fatalities. They are a leading cause of reduced mobility among older adults, highlighting their potential severity. Nonetheless, there remains a belief among some people that all injuries from  slip and fall accidents are always insignificant. . 

Myth 2: Property Owners Are Automatically Liable
It's a common misconception that property owners are always responsible for all injuries that may occur on their property. However, the law of liability in Ontario requires the injured individual show that the property owner or occupier was negligent. The law imparts obligations on property owners or occupiers to act reasonably. In other words,  in order to be held accountable, a property owner must have failed to address a known hazard, or take reasonable steps to ensure the property was kept in a safe condition. If an injury occurs because of these reasons,, the owner or occupier of the property  may be found liable to compensate the injured person. 

Myth 3: You Can Only Sue for Slip and Falls on Private Property
This is false. All property owners, whether public or private, have a responsibility to maintain the property and keep it reasonably safe for its users. If an injury occurs due to their failure to manage hazards effectively, owners/occupiers can be held liable, regardless of the property type. It is important to note, however, that governments enjoy additional legal protections for injuries that occur on public properties, such as sidewalks or parks. Although it varies depending on the circumstances and location of the fall, there are notice deadlines that apply to certain levels of government that require the injured person to alert the applicable branch of government of the circumstances of the fall in writing within a certain number of days after the fall. Failing to provide notice by the applicable deadline may result in the court dismissing your claim. It is important you speak with a personal injury lawyer as soon as possible after your fall to learn of any notice provisions that may apply. 

Myth 4: It Is Always Beneficial To Obtain A Quick Settlements
Victims are often pressured into accepting quick settlements, however, quick settlements are often made out of convenience and may not always reflect a fair assessment of what your claim is worth. In some cases, your maximum compensation cannot be negotiated and you may be required to proceed to trial. That is why retaining a personal injury lawyer with extensive trial experience is vital to ensuring you receive fair compensation.  It is the responsibility of a personal injury lawyer to build the case of an injured individual and obtain fair compensation for his or her clients, which in our view means not pressuring clients to accept unreasonable offers from insurance companies.  We recommend you research prospective lawyers in your area based on evidence. 

Myth 5: Insurance Coverage Eliminates the Need for a Lawyer
This is unlikely to be true. Although many individuals have long-term disability insurance to cover lost wages, or extended health insurance to cover treatment costs, there is no first-party insurance coverage for pain and suffering damages, loss of competitive advantage, housekeeping expenses, or your long-term future care needs. Further, many such first-party insurance policies are subject to policy limits and exclusions that may not respond to all of your needs. Boland Romaine’s trip and fall lawyers in Toronto can help ensure you receive comprehensive compensation for all damages, including those not covered by insurance.

Myth 6: The At-Fault Party Always Pays The Settlement
There's a common belief that the at-fault party will personally cover the damages. However, that is not necessarily true. In many cases, property owners and tenants, be it commercial or residential, have liability insurance that appoint lawyers to defend the owners and tenants in any lawsuits, as well as pay for any trial verdicts or settlements up to the insurance policy limits.The policy limits of the insurance company are typically learned after the lawsuit is started and vary depending on the type of property owner. 

Myth 7: Compensation is Limited to Physical Injuries
Some believe that claims in slip and fall cases are only for physical injuries. However, victims can also seek compensation for emotional damages, such as emotional distress and pain and suffering, as well as economic losses like lost wages and future earning capacity. Understanding the full range of compensable damages can significantly impact the legal strategy and potential recovery in a slip and fall case.

Myth 8: Only Physical Injuries are Eligible for Reimbursement.

Another prevalent misconception is that victims of slip and fall accidents can only seek compensation for their physical injuries. In addition to the medical expenditures incurred as a result of your fall, you may be able to claim the following damages in most states:

• Loss of income
• Suffering and pain
• Emotional distress
• Medical expenses

When May a Property Owner be Liable in a Slip and Fall Lawsuit?

The most common cases of slip and fall injuries occur on someone else’s property because of the negligence of the property owner or manager.

Common instances of negligence are:

• Uneven or damaged flooring
• Slippery conditions from either snow, ice, or liquids
• Poor lighting
• Clutter and obstacles in walkways
• Design hazards from failing to comply with the Ontario Building Code 
• Failure to properly maintain the property

Based on the provisions in the Occupiers’ Liability Act, Ontario courts will consider the following when determining whether those responsible for caring for properties will be held  liable in a slip and fall case:

• The foreseeability of danger
• The actions of the occupier in maintaining the property
• And the actions of the injured party

No slip-and-fall case is clear cut, and therefore it is essential to acquire the legal services and expertise of slip-and-fall lawyers.

What is your Responsibility as a Pedestrian?

Everyone is expected to be cautious while walking, which includes wearing suitable footwear for the weather, staying alert to your surroundings, adhering to warning signs, and avoiding distractions like using your cellphone while walking. Your efforts to prevent accidents or any unnecessary risks you take will be evaluated when assessing a claim.

If an accident occurs, it's essential to seek medical attention right away and maintain regular follow-up appointments. This ensures you receive appropriate treatment and creates a detailed record of your symptoms and care that may be valuable in the future.

Contact Us if You Have Been Involved in a Slip and Fall

With over 40 years of experience, Boland Romaine Toronto slip and fall lawyers know how to get you started on your road to recovery and holding the negligent party liable. Call us at (905) 841-5717 or fill out this contact form