Injury Lawyers Since 1984
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Call Us 1-844-837-6583
At Boland Romaine LLP We help slip and fall victims across the GTA and the Province of Ontario. If you have been seriously hurt in a slip and fall accident, we encourage you to call our office today and arrange for a free consultation to discuss your rights and how we can help.
What happens if you slip and fall on someone else’s property? In many cases, issues of negligence emerge that form the foundation of the Toronto slip and fall lawsuit. If you find yourself in this situation, our Toronto slip and fall injury lawyers can help you file and navigate a claim.
When They Fight, We Fight Harder
It can be difficult to understand the severity of accident injuries and how they might impact your future care and lifestyle. A pedestrian accident victim is strongly advised to seek out a lawyer to better understand what steps can be taken to pursue compensation. Talk to a lawyer as soon as possible. The quicker you file your claim, the closer you will be to receiving the support you need to manage what could have a long-term impact on your lifestyle.
Property owners or occupiers or municipalities are required to keep reasonably safe those individuals entering a premises or using a sidewalk, regardless of whether snow or ice is involved. Owners and occupiers may still be responsible for slips, trips, or falls caused by slippery conditions, leaks, spills, water run off, cracked or broken flooring or tiles, ground obstructions, potholes, or the negligent design or planning of the premises.
Property owners or occupiers or municipalities are required to keep reasonably safe those individuals entering a premises or using a sidewalk, regardless of whether snow or ice is involved. Owners and occupiers may still be responsible for slips, trips, or falls caused by slippery conditions, leaks, spills, water run off, cracked or broken flooring or tiles, ground obstructions, potholes, or the negligent design or planning of the premises.
Ontario law states that property owners and occupiers are responsible for the safety of people who come onto the property. Under the Occupiers’ Liability Act, R.S.O. 1990, c O.2, every person or entity that owns or occupies property – whether it be a house with a driveway, a grocery store, or a plot of land – owes two basic duties:
These duties are owed by municipalities, store owners, retailers, commercial tenants, condominium corporations, superintendents, maintenance workers, homeowners, landlords, and residential tenants, among others. The type of the property and the nature and circumstances of a slip-and-fall or trip-and-fall accident will decide which of the duties apply.
To succeed in a lawsuit, you are required to prove that the fall and the injuries were caused by a failure of the owner, occupier, maintenance contractor, and/or municipality to take reasonable care. However, owners and occupiers are not strict liability “insurers” of the premises, meaning that an injured person will only be entitled to compensation if the owner or occupiers acted unreasonably in their regard for the property.
In most situations, a person is walking along and either slips on a substance or trips over a hazard on a property where it is anticipated that a pedestrian would be walking. In those situations, the injured person must prove that the hazard caused the fall and that the hazard existed because the responsible party failed to take reasonable steps to keep the property reasonably safe.
This often requires an in-depth understanding of the applicable industry standards for the location in which the fall occurred. It may also require investigation into issues of layout, signage, lighting, construction, building code compliance, and maintenance operations.
Slips and falls on sidewalks maintained by a municipality in the GTA or Ontario require a thorough understanding of the municipality’s winter maintenance operation policies and a forensic retracing of the municipality’s winter maintenance decisions and operations in the 24 hours leading up to your fall. Further, Ontario law holds municipalities to different standards than private property owners and requires you provide the appropriate municipality with written notice of your fall within 10 days.
To claim against a municipality, one must show the municipality’s failure to clear the snow and ice from the sidewalk amounts to “gross negligence” under the Municipal Act, 2001 S.O. 2001, c.25. “Gross negligence” is not precisely defined, but the Ontario Courts know it when they see it. For example, the Ontario Court of Appeal in Dorschell v. The City of Cambridge, found gross negligence when the City of Cambridge had a policy of ignoring particular sidewalks where an accident occurred. In Huycke v. The Town of Cobourg, the Ontario Court of Appeal found gross negligence where the Town of Cobourg permitted a slippery sidewalk in a thickly populated part of town to remain untreated.
As Towns and Cities have hundreds to thousands of kilometres of sidewalks to maintain, establishing liability against a municipality for snow and ice removal may be challenging. Boland Romaine has experience in settling and winning at trial against municipalities. In the 2018 case of Johnson v Lewin , we were successful at trial in recovering close to $900,000 for our client after establishing that the Town of Newmarket was responsible for a clearing snow and ice from a driveway apron, and that their failure to do so was the sole cause of our client’s injuries.
You may still claim against municipalities for tripping on sidewalks even if snow or ice are not involved. Unlike snow or ice conditions, you do not need to meet the “gross negligence” standard to succeed in a claim against a municipality where a sidewalk is cracked, broken, or uneven.
Step-height deformities between adjacent sidewalk tiles are a common cause for trips. A step-height deformity exists where one sidewalk slab is raised or lowered from the next, causing a raised lip upon which the foot of an individual may get caught. Typically, people stumble during the swing-through phase of their step.
Research has shown that a height differential of as little as ¼” can cause someone to trip. The elderly are most vulnerable to injuries from falling due to a reduced ability to regain balance after a trip caused by diminished leg strength. Ontario Courts have heard many cases addressing the biomechanics of trip and falls and what amounts to an “unreasonable” trip height.
For sidewalk step-deformities, the Ontario Government introduced legislation that sets the threshold at two centimetres (¾ of an inch). To succeed in suing a Town or City for letting its sidewalks fall into disrepair, the height differential must be greater than two centimetres (¾ inches of an inch). Municipalities are also required by law to annually inspect their sidewalks for trip hazards, including step-deformities greater than two centimetres. Where a step-deformity is identified but not remedied within 14 days, the sidewalk will be deemed to be in a state of disrepair.
Given that it is the burden of the plaintiff to prove that the municipality’s negligence caused the trip and fall accident, success against a municipality for failing to fix a trip hazard on its sidewalk is largely dependent on proving the size and prominence of the trip hazard. Therefore, it is crucial to take photographs of the area as soon after the trip and fall accident as possible to preserve these details.
After falling on a sidewalk, you have just 10 days to notify the clerk of the City or Town that has responsibility for the sidewalk. While there are some exceptions, you don’t want to find yourself trying to rely on one. Therefore, it is always advisable to give writtennotice to the clerk of the City or Town immediately, if you have fallen on a sidewalk. Your notice should include the date, time, and location of the fall.
If you bring a civil lawsuit in the Ontario Superior Court of Justice, you can seek compensation for your injuries from the owner of the property of the entity that created or permitted the hazardous condition that caused your accident.
How much you can recover in compensation depends on the severity of your injuries, your individual road to recovery, as well as the long-term impact of your injuries on your life. There is no fixed amount of compensation for a slip-and-fall or trip-and-fall injury, however you may claim compensation through the following ways:
A valuation of your compensation is based on the medical evidence and the degree of fault attributable to the negligent occupiers of the property. If your injuries are modest, the compensation will be modest. If your injuries are severe and impact your ability to work, then your claim for compensation may be equally significant. However, the percentage of compensation you may actually recover from the defendants in a lawsuit will be proportional to the degree of fault attributed to that defendant and discounted by any degree of contributory negligence.
In Toronto, liability for slip and fall accidents falls under the Occupiers’ Liability Act, which mandates that property owners and occupiers maintain their premises in a reasonably safe condition for visitors. This duty of care requires regular inspections, timely maintenance, and clear warnings about potential hazards. Failure to uphold these responsibilities can make property owners or occupiers liable for injuries sustained on their premises.
To establish liability in a slip and fall case, the injured party must demonstrate that the property owner or occupier was negligent in maintaining the property. This involves proving that a hazardous condition existed, the owner or occupier knew or should have known about it, and failed to address it within a reasonable timeframe. For instance, if a spill in a grocery store remains unattended for an extended period, leading to a customer’s fall, the store may be deemed negligent.
It’s important to note that liability isn’t automatic. Property owners can defend themselves by showing they took reasonable steps to ensure safety or that the injured party’s own negligence contributed to the accident. For example, if someone slips while running in an area where running is prohibited, the property owner might not be held fully liable.
In Toronto, specific timelines apply for reporting slip and fall incidents, especially those involving municipal properties. Typically, written notice must be provided to the municipality within 10 days of the incident. Failing to meet this deadline can jeopardize the ability to claim compensation.
Given the complexities of slip and fall liability in Toronto, consulting with a personal injury lawyer is advisable. They can assess the specifics of the case, gather necessary evidence, and guide the injured party through the legal process to seek appropriate compensation.
Slip and fall accidents can happen anytime and anywhere—whether at work, a neighbor’s house, a public venue, or even at home. These incidents can result in serious, life-altering injuries. If you slip and fall on someone else’s property, you may be eligible for compensation for your injuries. Here are some of the most common injuries resulting from these accidents:
Slip and fall accidents are a leading cause of broken bones. Hip fractures, in particular, can lead to severe health complications, including permanent disability and, in extreme cases, death. Even minor fractures can limit your ability to perform daily tasks, resulting in missed work, financial strain, and chronic pain.
A fall often involves hitting your head, which can lead to concussions or traumatic brain injuries (TBIs). These are among the most serious injuries linked to slip and falls, with potential long-term effects on cognitive and physical health.
Slip and falls frequently cause significant back injuries, including damage to the spinal cord. These injuries may result in paralysis, bulging or herniated discs, or chronic back pain. Treatment often involves expensive and painful surgeries, with long recovery periods.
Scraping against rough surfaces during a fall can lead to cuts, bruises, and even permanent scarring. While less severe than other injuries, they can still be painful and serve as lasting reminders of the incident.
Some injuries from slip and falls may cause lingering or unexplained pain long after the accident. Chronic discomfort or emotional distress resulting from these injuries may entitle you to compensation.
In tragic cases, slip and falls can lead to fatalities, especially when the victim falls from a height or sustains catastrophic injuries. If a loved one dies due to such an accident, their family has the right to seek justice and compensation for their loss.
Understanding the potential severity of slip and fall injuries highlights the importance of taking immediate action and seeking legal advice to protect your rights and recover damages.
Each of these factors can contribute significantly to the risk of a motorcycle accident:
If you or a family member has been seriously injured while out walking, there are several things to keep in mind:
If you or a loved one is able, you can help protect your ability to seek benefits and/or compensation for your injuries by:
The severity of injury has a dramatic effect on a person’s right to claim medical, rehabilitation and attendant care benefits. A non-catastrophically injured person is entitled to a maximum of $65,000.00 for these expenses while a catastrophically injured person is entitled to a maximum of $1,000,000.00 for medical expenses. Our car accident lawyers have a proven track record of success in obtaining a catastrophic designation for our seriously injured car accident victims.
Keeping a diary of your daily experiences and noting how your injuries impact your normal activities, such as bending or walking, is highly recommended. If your court case extends over several years after the accident, this diary can serve as a valuable tool to help refresh your memory. Additionally, retain anything related to your injuries, such as prescriptions, medical aids, or relevant photographs. These items are considered objective evidence and are highly regarded in accident cases.
Motorcycle accidents require skilled and experienced personal injury lawyers. Those injured in motorcycle accidents often suffer from polytraumatic, serious, and catastrophic injuries, including brain injuries, internal injuries, concussions, and orthopaedic and bone fractures typically requiring surgery. Many motorcycle accidents involve fatalities. Depending on the severity of these injuries, injured persons may require extensive medical treatment and either miss significant time from work or be disabled from work completely.
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.
For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.
Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.
Gather the Evidence Make an Informed Decision
A car accident lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed.
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If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.
If your LTD claim has been denied, a disability lawyer can help by:
Don’t speak to the adjuster from the insurance company.
When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.
we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc
The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.
Also consider these critical steps after an injury after seeking medical help.
In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.
If you need a car accident lawyer in your area, start by researching local law firms that specialize in personal injury and accident claims. Look for lawyers with experience handling cases like yours, strong client reviews, and a track record of success.
At Boland Romaine, our Toronto-based car accident lawyers have extensive experience managing complex claims, ensuring our clients receive the legal guidance and compensation they deserve.
Our car accident lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
A Boland Romaine car accident lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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