How you approach the slip and fall claims process should depend on the type of negligence that caused your injuries. Our elite trial lawyers are experienced in holding negligent parties liable in civil court and could effectively assist you in establishing liability in a Barrie slip and fall case. Let a member of our diligent legal team gather and verify records of who was responsible for maintaining the location where your trip and spill accident occurred.
Establishing who is liable for a slip and fall accident in Barrie requires you to show how your fall occurred. This could include proving:
Once you establish why the trip and spill occurred, you have to establish whether there was some blameworthy conduct that led to the accident occurring. For instance, if there was a stairway with a broken handrail or inadequate lighting, you must establish through discovery evidence or otherwise who is responsible for maintaining those safety factors.
The defendant in most slip and fall cases is the owner of the property. Other potentially liable parties in Barrie trip and spill cases include:
Depending on where a slip and fall incident took place, the claims process may call for different notice requirements. Specifically, if you were hurt on a provincial or municipal property, you must put that government entity on notice of your intent to pursue civil litigation within 10 days of becoming injured. For cases against non-governmental bodies, you have 60 days to submit notice of your intent to sue.
If you cannot ascertain who a proper party is at the beginning of your trip and fall case, you may name all potential parties as defendants and collect evidence from each of them. A process called “examination for discovery” allows you to examine all of the defendants under oath. Once you are armed with that information (i.e., the documents that the opposing party provided and the evidence given under oath), you can use that to determine who the responsible party is.
One of the most important pieces of evidence for proving liability in a Barrie trip and fall case is photographic evidence. However, it is also beneficial to gather title searches of the property, witness statements, control logs or records with respect to cleaning or inspections, and maintenance records. You might also gather, in cases of municipality liability, patrolmen records.
Witnesses to a slip and fall can offer insight into the state of the plaintiff when they fell and whether they were they in a rush, wearing proper footwear, or impaired. They can also help determine what steps the defendant took to maintain the property, make sure that it was safe, or conduct regular patrols on that day. Finally, witnesses can help establish how a person’s life has been impacted by a tripping and falling incident.
After you’ve gathered all relevant evidence, one of our lawyers could help you hire experts to establish by reference to the Occupiers’ Liability Act the entire building code and other pieces of legislation on how the breach of a duty led to the accident. For instance, it is sometimes necessary to hire engineers and human factors experts or check the inspection laws of the institutional defendant.
Establishing liability in a Barrie slip and fall case requires a nuanced understanding of the theory of liability, collecting the right evidence, and hiring the right experts. Our law firm has the resources necessary to success in your case, so call today to get started.