Falls are responsible for a large number of unintended injuries throughout the province. Have you suffered serious injury in a fall on someone else’s property? Ontario’s Occupiers’ Liability Act grants you the right to pursue compensation in a slip and fall or trip and fall claim. Unfortunately, the law is complex and burden of proof is high in such cases.
At Goodman Elbassiouni LLP, we have helped clients recover compensation for their pain and suffering, lost income and other money necessary to address injury-related expenses. We understand how overwhelming and intimidating this process can be for someone who is not a lawyer. Below, we have offered answers to some of the most common questions we hear from clients like you.
How much time do I have to file my slip/trip and fall claim?
Ontario’s Limitations Act provides you with two years in which to file a claim. This applies in a majority of slip/trip and fall accidents, such as those that occur in a hotel lobby or on the steps of a privately owned apartment building.
However, there may also be “notice” requirements which may be significantly shorter in cases where the injury occurred on a municipal, provincial or federal property. For instance, you may have very little time to give notice to a municipality after a fall that occurs on a public sidewalk.
It is recommended that you err on the side of caution. Once you have secured medical treatment, contact a personal injury lawyer to inquire about the deadlines involved in your specific case.
Who can be liable in a slip/trip and fall claim?
The Occupiers’ Liability Act, R.S.O. 1990, Chapter O.2, defines an occupier as any individual who is in physical possession of a property or who has control over the condition of a property. Examples of liable parties include :
- a hotel manager who fails to maintain reasonably safe premises;
- an apartment owner who fails to have snow and ice cleared from shared walkways ;
- a mall owner who fails to repair pots holes or remove snow and ice from a parking lot ;
- a property manager who fails to install railings in a stairwell ;
- a restaurant or grocery store owner who fails to train employees in how to identify and clear potential slip and trip hazards ;
- a private homeowner who doesn’t remedy known property hazards and more.
Our team will examine the facts of your case to identify all liable parties. This also ensures we pursue all eligible compensation to which you are entitled.
What evidence is necessary for my Occupiers’ Liability case?
You must prove the occupier or owner committed negligence and that she or he is liable for your injuries. This requires the presentation of evidence, such as:
- photos showing the hazard ;
- property ownership and maintenance records ;
- surveillance footage ;
- accident report ;
- witness reports and more .
Our team can assist you with the tedious and time-consuming task of collecting, organizing and presenting evidence.
How do I find someone qualified to answer questions about my claim?
At Goodman Elbassiouni LLP, we offer free and confidential case evaluations for victims of slip/trip and fall accidents. There is no charge to you for our legal services unless we successfully resolve your claim.Call 905-265-1005.
