Although it may seem like just an embarrassing accident, a slip and fall that results in serious injuries could be grounds for a valid civil lawsuit in Ontario. To successfully recover compensation through a tort claim, you will need to prove that another party is liable for your injuries and losses.
Demonstrating civil liability for a trip and spill incident can be tricky without assistance from an Orillia slip and fall lawyer who has successfully litigated similar cases in the past. By seeking guidance and support from a seasoned personal injury lawyer, you could put yourself in a much better position to pursue and recover the restitution you deserve.
Property owners and managers owe a duty of care to legal visitors that requires them to inspect their premises regularly to ensure that it’s free of hazardous conditions. Depending on the circumstances, a “hazardous condition” for which a property owner or manager could be held liable includes anything from unaddressed spills to the actions of a patron who was served too many alcoholic beverages.
However, landowners and managers of publicly accessible properties are not always liable for injuries that visitors suffer while on their premises. Under certain circumstances, it is possible for individuals hurt in slip and fall accidents to file suit against a government entity if the incident occurred on public property. For example, a governing body’s failure to treat icy conditions or clear debris from public walkways within a reasonable amount of time may form the basis of a successful lawsuit in the event of a trip and spill incident.
There are several restrictions on lawsuits against the government in Orillia.First, there are unique notice requirements for any case in which the defendant is a municipality or other government entity. According to the Ontario Municipal Act, anyone intending to file suit against a municipal entity must notify that entity of their intent to sue within 10 days of when the trip and spill incident occurred. Second, the lawsuit must be based on a specific negligent act committed by a municipal employee or entity.
Regardless of whether you file a claim against an individual property owner or a government entity, your lawsuit should seek recovery for both economic damages like medical expenses as well as non-economic damages like physical pain and suffering. However, recovery for non-economic damages is subject to a maximum cap that changes every year with inflation. Fortunately, a seasoned lawyer from Rastin Law would be familiar with what damages caps may be applicable in your slip and fall case.
While it may not be possible in every situation, there are circumstances under which you can hold another person or entity responsible for injuries you sustain by slipping and falling on their property. If you want to maximize your chances of success in a civil lawsuit, speak with a qualified Orillia slip and fall lawyer from our firm.
These cases can be complicated even if liability seems clear at first. Call Rastin Law today to speak with a legal representative about your potential case.