SLIP AND FALLS

Everyone who owns, occupies, or maintains a property in Ontario has a legal duty under the Occupiers Liability Act and other laws to take all reasonable steps to ensure no injury is caused to another person as a result of any unsafe feature of the property, regardless of the reason for the person’s presence.  Legally, one owes the duty to their family, friends and guests, but also to contractors, delivery people and even in some cases to trespassers.  Governments also have a duty, under other laws, to maintain safety on their property and in public areas under their responsibility.

One of the most common forms of property-related injury is a slip and fall accident. If you have slipped, tripped and/or fallen on someone else’s property because of an unsafe condition that existed on that property, you may be entitled to compensation.  This is true whether the property is residential, commercial, government or public space.  Even when a property occupier appears not to be able to afford to pay any compensation, insurance payment may be available, and it is advisable to have a lawyer assess the case to determine what remedies you may have. 

If you have suffered a slip and fall, it is advised that you take photos of the area of the fall and the hazardous condition as soon as possible, before elements of the unsafe condition may have changed, and to contact a lawyer immediately. This is especially to be emphasized in relation to accidents on city property, in which there may be a 10-day limitation period for providing notice to the city, and a lawyer may be better able to help secure your rights in the matter if you approach them right away.  Even if the 10 days have passed, however, it is always advisable to discuss the situation with a lawyer because circumstances differ between cases and legal remedies may still be available.

© 2018 by Hoffman Law. All Rights Reserved.

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