A slip and fall accident occurs when someone suffers an injury because they lose their balance and, generally, fall to the ground – either on level ground or in a stairwell. Trips and spills which can be attributed to some impediment or danger that puts the public in a situation of risk may form the basis of a successful slip and fall claim. If you were recently injured in this type of accident on someone else’s property, let one of our steadfast lawyers assist you with proving a slip and fall case in Collingwood.
To succeed in a slip and fall case, you have to prove liability and damages. Damages indicate how you were injured as a result of this fall as well as what pecuniary and non-pecuniary losses the fall has caused. For liability, you must prove that the property owner’s negligence or a breach of the Occupiers’ Liability Act directly caused or contributed to your fall.
Negligence on the part of a landowner can include doing something careless or failing to do something they ought to have done to prevent the tripping incident. If you are suing a municipality, you have to prove that it was grossly negligent in how it responded to the case. One of our experienced trial lawyers could help determine whether your slip and fall case would require proof of gross negligence on the part of a government entity.
Almost every trip and spill case has a unique and independent cause. Slip and fall cases require some sort of liability analysis to determine what caused the accident. It is not uncommon to have to hire experts to assist with this analysis.
A Collingwood lawyer could retain experts on your behalf, including forensic injury hearing experts, engineers, and medical experts. These individuals will look at the maintenance of the area where you fell, the building code, the Occupiers’ Liability Act, engineering evidence, the condition of the rails, and the extent of your damages. This evidence combined can illustrate a compelling picture of liability and may be what ultimately proves a slip and fall case.
There is a special limitation period in Collingwood and Ontario for suing a government or municipal entity. The law requires you to put a government person – be that a municipality, county, regional municipality, or the province – on notice of your intent to litigate within 10 days of the slip and fall incident. For trip and spill claims involving non-governmental defendants, you have 60 days to provide notice of your intent to sue.
Failure to put them on proper notice may be detrimental to your claim. While the general limitation period for bringing a civil action is two years, your notice period might be much shorter depending on the facts of your case. Our lawyers can help deliver the proper notice in a timely manner on your behalf to preserve your right to sue.
A lawyer at our firm could examine your slip and fall case and help determine the cause of your injuries. It is not enough just to say, “I fell down,” or “I lost my balance.” The question has to be why.
We could help investigate a viable theory of liability so you can proceed with a civil action. Let our team help you prove a slip and fall case in Collingwood so you can focus on healing from your injuries. Call Rastin and Gluckstein Lawyers to learn more.