Slips, Trips and Falls: Where it happens could make a difference
It has likely happened to you – you are walking along, minding your own business, when suddenly you trip or slip and fall. In many of these cases, the only cause for concern is your embarrassment and your injured pride. Nevertheless, there are times when a fall can result in significant injuries. Where you fall may have an impact on your potential claim for personal injury damages.
Personal Injury Claim
No matter where you slip or trip and fall, you may have the right to pursue a claim for personal injury damages. All occupiers have a responsibility to maintain their premises in a reasonably safe condition. Ice, water, debris, uneven surfaces and poorly maintained walkways or stairs are often the cause of slip and fall accidents. These accidents may result in muscle tears, broken bones, head traumas and other injuries that can lead to long term job loss or an inability to go about your daily life as your normally would have before the accident. There may also be additional expenses associated with your medical recovery.
Highlighted below are just a few of the differences which arise in any potential personal injury claim, depending on where the fall occurred.
Fall At Work
If you fall at work, your ability to sue depends on your individual set of circumstances, as your injury may be covered by WSIB. You cannot receive WSIA benefits and also sue in court for personal injury damages. For falls at work, you will either be barred from suing and have to proceed under the WSIB scheme or you will have the right to sue.
On Private Property – Business
According to the Insurance Bureau of Canada the following are some of the criteria used to determine whether or not the appropriate standard of care was followed:
- Whether the danger was foreseeable.
- Whether the occupier’s conduct was in accordance with acceptable standards of practice.
- Whether there was an adequate system of inspection in place (considering the risks involved) and whether it was followed.
- Whether the danger was allowed to exist for an unreasonable amount of time.
- The ease with which the danger could have been prevented.
On Municipal Property
If your fall occurred on a municipal roadway, you must act quickly. In general, notice of your intention to commence an action must be given to the Municipality within 10 days of the accident. As well, your action must be commenced in court within 2 years of the date of the accident (just like most other personal injury claims).
How we can help
Whether or not you are eligible for compensation for your slip and fall accident depends on the circumstances of your accident and the extent of your injuries. A personal injury lawyer can take the time to listen to the details of your accident, what expenses you may have incurred and how your injuries have impacted your day to day life.
If you are injured in a slip/trip and fall accident, our team of experienced personal injury lawyers can help answer your questions and ensure your rights are protected. Contact us toll free at 1-800-563-6348.