If you were hurt in a recent slip and fall incident on another person’s property, you could have a legal right to pursue compensation. After a trip and spill accident, you could face costly medical bills and other expenses associated with your injuries that place a considerable financial strain on you and your family.
Fortunately, a Collingwood slip and fall lawyer from our firm could help you take legal action if a property owner’s negligence caused your injuries. One of our personal injury lawyers could examine the details of your potential claim to better understand what happened and determine who may be liable for your financial losses.
If a person trips and falls on a wet surface, cracked pavement, broken stairs, or another type of property hazard, severe and sometimes permanent injuries can result. Common slip and fall injuries include broken bones, muscle strain, herniated discs, neck injuries, knee injuries, elbow injuries, and torn tendons.
If you were seriously injured in a slip and fall accident, receiving medical treatment and physical therapy afterwards can be expensive. A lawyer in Collingwood could help you pursue an array of damages from the responsible party or parties, such as lost wages, past and future medical bills, pain and suffering, and mental trauma.
It is essential to understand that suffering a fall on someone else’s property does not automatically entitle you to compensation. There are certain factors of liability that must be proven to bring a successful slip and fall claim.
Most trip and spill claims are established under the negligence doctrine. According to this legal theory, a property owner must have owed the plaintiff a duty of care, breached that duty, and thereby caused the plaintiff’s injuries for a slip and fall claim to be made.
If a property owner failed to exercise proper care to fix a hazard on their land or provide notice of the danger and you subsequently slipped and fell, the owner could be held liable for your damages. In some cases, even if the owner did not know about the hazard but should have discovered it by exercising reasonable care, they could still be held responsible if someone is injured. One of our expert-ranked lawyers in Collingwood could examine your slip and fall claim to determine whether the property owner neglected their legal duty and could be liable for your damages.
Another important legal doctrine that could impact your compensation in a slip and fall claim is contributory negligence. Under this theory, if the plaintiff is found partially at fault for their injuries, they may still collect financial damages. However, the court would lessen the amount of compensation awarded to them by their assigned percentage of contributory negligence.
Ontario Limitations Act 2002 §4 states that a claim for compensation must generally be filed within two years of the date of the slip and fall incident. Unless an exception applies, failure to file by this deadline would bar you from claiming any compensation whatsoever.
If you’ve been hurt on public property, such as a municipal sidewalk, in addition to the two year limitation period in the legislation, you are ALSO required to put the municipality on proper notice, in writing, within 10 days of your fall. Failure to put the proper government entity on notice (i.e. the municipality, the county, or the Province) could be fatal to your right to make a claim.
A Collingwood slip and fall lawyer from Rastin Law could help you file a timely and thorough claim for all damages to which you may be entitled. Our team could conduct an in-depth investigation into the property hazard that caused your injuries to determine liability for your slip and fall incident. Schedule your case consultation with our firm today.