When Does a Fall Become a “Slip and Fall” Personal Injury Claim?

If you fall on private or public property, you are not automatically entitled to compensation for your injuries. In slip and fall claims, there is always a matter of negligence that must be proven. Slip and fall claims can be complex. That is why it is important to retain the skills of a personal injury lawyer in Ontarioif you have been injured in a fall on someone else’s property.

Here in BC, a slip and fall or premises liability claim covers many different types of accidents. For instance, snow and ice, uneven walking surfaces, or even construction debris can create a slip and fall accident. These can happen on private, public, or municipals properties. But the burden of proof of negligence becomes the most important aspect of a successful slip and fall claim.

The owner or “occupier” of a property has the duty to provide a safe place for those who use the property. If you have fallen and were injured as the result of a negligent act on the part of the owner or occupier, you may have the right to pursue a personal injury claim. It then becomes your responsibility to determine who the owner or occupier is, to prove injuries, and to establish that there was negligence involved.

Proving Negligence

Determining negligence means proving that the occupier failed to meet the standard of care set out by the Occupiers Liability Act. The occupier must not “create a danger with intent to do harm” or “act with reckless disregard to the safety” of people who use the property. This can apply to any conditions on the property, any activities, or even the conduct of third parties.

There are certain guidelines and factors used to assess the actions of the occupier in order to establish negligence. How long had the hazard existed? Was there a good reason that it still existed? Could there have been ample warning signs to improve safety? Were there regular checks or inspections of the property?

Proving Injury

The next responsibility of an accident victim is to prove that there was an injury and it was directly caused by the hazard. Your injuries can include anything from bruises and lacerations to fractures, brain injuries, or internal injuries. These are especially problematic for the more vulnerable populations of the elderly or disabled.

Evidence of injuries and the cause are derived from medical records and photographs and witness accounts. Therefore, after a fall, it is important to get immediate medical attention and take photos. If at all possible, get information from anyone who has witnessed the accident. Personal injury lawyers in Toronto will also often retain surveillance footage and witness statements in order to represent their clients.

If you have been involved in a slip and fall accident, contact the legal professionals at Injury Lawyer for a no-cost consultation.