What you need to know about slip and fall claims

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Slip And Fall Lawyers Toronto - Icy Sidewalk - Neinstein
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With constantly fluctuating temperatures and weather conditions during the winter, a pedestrian’s chances of slipping, falling and hurting themselves increases due to ice-covered sidewalks and walkways.

What is a slip and fall?

A slip and fall is when a person falls and sustains an injury, while walking through a hazardous area. In some cases, pedestrians may not realize that an area is icy due to low visibility or snow cover. In the winter, icy walkways frequently contribute to slip and fall injuries, but slip and falls can be caused by other circumstances, such as slipping on greasy or wet floors in restaurants or tripping over loose carpet in an office. While some people may only receive a bump on their knee or a scrape on their hand, slip and fall injuries can also result in wrist or hip fractures, which may require time off to heal.

What to do after a slip and fall accident?

If you’re the unfortunate victim of a slip and fall accident, take pictures of the general area where you fell, as soon as possible. (In the past, claimants needed to know the “precise location” where they fell, but this is no longer the case, according to Lawyer’s Weekly.) This will help explain what happened to any lawyers or judges involved in your case. You should take note of the date, time and the circumstances surrounding your injury, such as whether there were warning signs in place or what the weather conditions were like when you slipped and fell. If there was anyone in the area when you slipped, you’ll want to make note of any comments they make or even record their contact information as a potential witness in your case. Also, have injuries sustained from the fall checked out by a doctor as soon as possible. If you wait, the defendant may argue that the injury was sustained through another incident. For more information about what to do after a slip and fall accident, check out our most recent blog post.

How do you make a slip and fall claim?

Victims who have been injured during a slip and fall can file a claim under Ontario’s Occupier’s Liability Act. According to the act, “An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”

Determining the occupier of the property where you slipped and fell affects how soon you need to a file a notice. If the area you fell was municipal property, you have ten days to notify them, but if you’re considering a claim against a homeowner or business, you have two years to decide whether to go ahead with a case.

How do you prevent slip and fall accidents?

During the winter, giving yourself extra travel time to commute from one destination to the other could help prevent injuries. Bad weather conditions can increase the risk of car accidents, while pedestrians quickly walking from one destination to another can lead to a greater risk of slipping and falling on snowy and icy walkways.

The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for over 45 years. We know how to help you get compensation after a slip and fall accident. Call us at 416-920-4242 to set up a free consultation.

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein
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