Slips, trips, and falls are top causes of personal injuries in Ontario. These types of accidents can result in very serious injuries, including bone fractures and brain injuries. You may have a legal claim for compensation after being hurt in a trip and fall accident due to unsafe conditions on private property.
Let’s talk about trip and fall accidents on private property and how they differ from injuries that occur on public property. For customized advice or information about your legal rights to compensation, we welcome you to reach out to an accident claims lawyer at Kelly Greenway Bruce for a free case evaluation.
What exactly is a trip and fall accident?
Most people have heard of the term “slip and fall accident.” There are all kinds of causes of slip and falls, such as uncleared ice or snow in a driveway or parking lot, or something wet or slippery spilled on a floor. When a person slips on something, they usually fall backwards, hitting their back, tailbone, or the back of their head.
In comparison, trip and fall accidents happen when someone’s foot gets caught because of an object or hazard such as uneven paving stones, an unexpected step/change in elevation, debris left on the floor, holes or divots in the ground, or power cords running across walking surfaces. When a person trips on something, they usually fall forward, landing on their knees, chest, or face.
Are you entitled to compensation after a trip and fall on private property?
Under Ontario’s Occupiers’ Liability Act, the “occupier” of premises is legally obligated to keep people reasonably safe from harm while on the premises. Failure to do so can result in individuals sustaining serious injuries for which the property owner is liable.
You may have a legal claim for compensation after being hurt in a trip and fall accident on private property, including damages for lost income, lost future earning potential, reimbursement for medical bills and other out of pocket expenses, and compensation for your pain and suffering. To successfully hold an occupier liable for your injuries, you have to prove that the occupier was negligent. That means you need compelling evidence to prove each of these elements:
the occupier owed you a duty of care to keep the premises safe;
the occupier failed to meet that duty;
the occupier’s failure caused your injuries; and
you suffered damages as a result of the injuries.
An experienced accident claims lawyer can help you build a strong case, including gathering and preserving evidence to prove liability.
Who is an “occupier” of private property?
Private property is owned or occupied by individuals or corporations. Residential homeowners are considered occupiers (e.g. private homes, condominiums, recreational properties such as cottages or cabins). Landlords, tenants, and property managers can also be occupiers of privately owned property.
Commercial properties such as supermarkets, retail stores, malls, restaurants and banks are also private property. All occupiers of private property in Ontario can be held liable if someone is hurt due to unsafe conditions, failure to warn of hazards, failure to repair the property, or failure to adequately maintain the property.
Determining who is responsible is not always straightforward. There can be more than one occupier of a premises. You must identify and properly name the individual(s) or corporation(s) in your personal injury claim. It’s highly recommended that you consult with a slip and fall lawyer about your potential claim. The legal professionals at our firm can review the facts, determine who should be named in your lawsuit, and help you file your claim.
What if you were hurt in a trip and fall on public property?
Public property includes any government-owned sidewalk, road, park, or government building. If you are hurt in a trip and fall accident on public property, the municipality or local government may be responsible for your injuries. You must be aware that there are different rules for giving notice to the city and different laws when it comes to proving liability against a public property occupier.
For example, if your trip and fall took place on city property, you only have 10 days to serve written notice of the incident and of the injuries you sustained, regardless of what caused you to trip and fall (see Ontario’s Municipal Act). By way of comparison:
If you tripped and fell due to snow or ice on private property, you must provide written notice to the property owner, occupier and/or snow removal company within 60 days.
If your trip and fall was on private property and caused by something other than ice or snow, the 60-day notice period doesn’t apply, but you would still want to act quickly to ensure evidence is collected and preserved and responsible parties are identified.
After satisfying any notice requirements, you then have two years from the date of the trip and fall accident to file a formal lawsuit. The two-year limitation period, which is pursuant to s. 4 of Ontario’s Limitations Act, applies to all personal injury claims, whether against a private or a public property owner. Your right to recover damages for your injuries may be lost if applicable deadlines and notice requirements aren’t met.
Slip and Fall Lawyer in Oshawa
If a property owner’s negligence caused you to suffer a trip and fall or slip and fall injury, you deserve compensation. The personal injury lawyers at Kelly Greenway Bruce can review your case and determine what type of damages you may be able to recover. We don’t request retainers and won’t charge you any fees until we win your case.
For a free case evaluation, contact us today at our Oshawa or Lindsay locations. We also proudly serve residents of Ajax, Whitby, and the rest of Durham Region.
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