Now, there are quite a lot of different accidents that might cause you to incur substantial damages. Slip and fall accidents, for instance, tend to be particularly dangerous, even though a lot of people don’t actually take them seriously. They think that there is nothing so serious that could take place and that’s the main issue – they are being careless while in fact the problem needs to be taken into account. Read More
Slip and fall accidents are quite commonly disregarded as being rather harmless. While it’s true that in the majority of times a sore back is all you’re going to get, there are some certain situations in which the circumstances might be rather dramatic. Spinal cord injuries, broken bones, brain damage – all of this aren’t excluded and it’s important to take the matter seriously.
However, when it comes to slip and fall, it’s undeniable that the majority of cases would derive from icy surfaces. These need to be properly accounted for. So, let’s place the emphasis on icy surfaces and how slip and fall injuries can be compensated.
Duty of care in slips and fall accidents related to icy surfaces
The majority of the accidents of this particular type are usually going to take place on sidewalks outside of buildings or on parking lots. This is where the liability needs to be sought after on behalf of the person who is responsible for the care of these premises. It’s almost always going to be the owner of the building or the parking lot.
However, in a lot of situations this owner would have contracted the services of a plow company which is designated to perform ice and snow removal in order to keep said parking lots as well as sidewalks clear and safe for pedestrians. Furthermore, there is also a duty which is owed by the pedestrians themselves that requires them to exercise a reasonable amount of care when they are walking on a surface that’s frozen. For instance, you can’t expect to be able to file for damages if you’ve been walking around in your flip-flops.
Documenting your accident
Once you slip and fall, the first thing that should come to your attention if you are not seriously injured is to document the case. Make sure to take pictures and gather the information about the people who are around you so you can use them as witnesses later on. This is crucial. Of course, you should immediately seek medical attention and get yourself the treatments that you need. However, make sure to keep every single document when it comes to it and ensure that everything is handled thoroughly, neatly and in an organized matter in order to easily build your case against the liable party.
In any case, keep in mind that you are going to be involved in a complicated procedure which requires quite a lot of consideration and understanding of the law. This is why you might want to take advantage of the services of a personal injury lawyer in the province of Ontario. This way you can ensure that your interests are properly taken care of. They are experts when it comes to tort law and usually work on contingency basis to make sure that you do not shy away from seeking legal assistance.
Slip and fall cases are particularly common in Canada, and especially in Ontario. The reason for this is quite simple – winters are long and cold and walkways aren’t as clear as they need to be. This tends to create a lot of slip & fall potential and sometimes, inevitably, you are going to fall for it. Even though people tend to underestimate these types of accidents considerably, they are capable of inflicting tremendous damages. From broken spines to critical brain injuries, slip & falls are to be taken as seriously as any other accident in the field of personal injury law. With this in mind, we would like to provide you with a few helpful tips on how to proceed, from a legal stand point, so that you have the strongest case against the municipal institution responsible for that particular walk way.
1. Get medical attention as soon as possible.
Now, the first thing that you need to do is to get medical attention. Safety must always come first, regardless of the situations and the potential legal consequences. However, once you do get the attention you need, make sure that you keep the paper trail of the pain. Appearing in court or in front of the insurer and stating that it was painful isn’t going to cut it – you should know that.
2. Take pictures of the area of the accident.
This is another important thing to consider. The first thing that the insurance company is going to ask is where did the accident occur? If you are unable to definitively answer this, then your case is gone from the get-go. With this being said, taking pictures should be your priority number two.
3. Secure witnesses.
Even though it may sound a bit strange to ask someone to remember the accident – it’s most certainly incredibly helpful. See if there is an eye witness to your accident and if there is – make sure to get his contact information. Let him know what it is all about and kindly ask for his assistance.
4. Wear appropriate footwear.
The court is going to be a bit refrained from awarding you the compensation you claim if you were wearing flip flops during the accident. Wearing appropriate winter boots and falling regardless attests that the walk way was in truly terrible condition, which is something that’s going to play in your favor heavily. Furthermore, this is one of the tips that you would want to take into account when it comes to staying safe during cold winter conditions.
In any case, these should give you the merits for a solid case. Make sure to get these done and you are likely to get what you set out to in the first place. It is good to discuss the details with the lawyer and they take a note of it immediately. As time passes, you tend to forget the details and that is why taking action quickly is important.
Personal injury is without a doubt, one of the busiest fields in the entire legal department. The reasons are rather obvious – accidents involving orthopedic and light injuries as well as common pedestrian, slip and fall and other forms of accidental occurrences happen every day and that’s the field which regulates them thoroughly. However it’s safe to say that the province of Ontario is amongst the leaders in numbers of vehicular accidents and it’s worth outlining the parties who are going to be taking part in an eventual trial procedure.
Regulating Act of Insurance
It’s worth noting that the province of Ontario is regulated by the Insurance Act of Ontario which contains rules of fault determination. There is one particular clause in those rules which is commonly referred to as the “No Fault” rule which renders the insurance company to pay off monetary compensation regardless of the assigned fault. This is why the majority of car accidents are never going to reach the courtroom. However, when there is excessive liability which isn’t covered by the insurance policy, the victim is fully entitled to compensation.
The victim is going to comprise the charging party which is referred to as a claimant or a plaintiff. The civil lawsuit is initiated with his claim. He has to stipulate the argument and the way in which his rights were affected as well as the compensation that he seeks from the court. This is the first stage of the trial which would involve an opposite party. A reporting judge is going to check the filing and decide whether or not it’s admissible. If it is, the injury lawyer of Kitchener is going to forward a copy for the defendant and he would be provided with one month to respond. The case is going to be moved forward afterwards regardless of whether or not he provides the court with an answer.
Role of defendant
The opposite party is called a respondent and he is generally the one who is being sued for the compensation. In the majority of cases he is the liable party but this is to determined by the court with the final ruling. In the civil lawsuit there is no sentence as there aren’t any criminal charges. This procedure does not seek punishment of the respondent but it seeks to compensate the injured party and restoring the actual balance in their relationship.
The civil lawsuit has stringent procedural provisions which have to be met thoroughly and that’s why the presence of an attorney is incredibly advisable. It’s just too much for an ordinary person to handle on his own even though it’s not impossible. However, it’s safe to say that this might lead to incompetent defense or claiming. Thus, it is best to consult a lawyer and hire them for providing you with the best information about the legal jargon and technicalities of the case. They will be able to protect your rights.
Even though when most people hear about a slip & fall accident in the city of Kitchener they think of something harmless which is rather a joke, the situation can get very serious. While it’s true that most of the cases only end up with damages on the ego of the victim, there are some incredibly severe injuries which could be suffered in an accident of this particular type. The prime example involves blows to the head and the respective brain trauma. It is also worth noting that spinal cord injuries are also an ever present danger when it comes to slip & fall accidents.
About Occupiers’ Liability Act
The act that governs this particular type of accidents is called the Occupiers’ Liability Act. It was consolidated back in 1990 on the 31st of December and it hasn’t been amended ever since. This speaks to the stability and longevity of the act and the way that it serves the needs of the law. The act is obviously put together perfectly because the fact that it hasn’t been changed means that it serves the needs of the public. This is ultimately what’s most important in the legislation because every single law should be made out with the needs of society as its prime concern. On top of that the legislation should be versatile and flexible because the aforementioned needs change constantly. This means that the law should be able to meet the new demands of society or it would have to be changed. The fact that this particular Act hasn’t been changed for over 25 years clearly states that it is doing a great job adapting to the new trends and tendencies.
The law clearly defines who can be held liable in cases of this particular type – the occupier. The occupier is a term which could be interpreted as an owner or as a tenant, e.g. someone who has the legal responsibility to take care of the premise. A premise in the current act is considered any kind of construction which allows people to enter and stay on it. The accidents can occur while entering or while staying and for that matter even while leaving the premise.
The occupier owes the so called duty of care which requires him to do everything possible in order to provide reasonable safety for the people on his premises. The key term here is reasonable because it’s impossible to provide them with something beyond that. The act also recognizes that the liability can be limited if the person takes a willing risk even though he is well aware of the fact that it could lead to an accident. The solution is rather fair. However, after the accident, irrespective of whether you are the victim or on the other side, having a lawyer in your corner helps.
The city of Kitchener is located within the boundaries of the state of Ontario in Canada. This automatically suggests that the Provincial laws of Ontario are going to take preference over the governmental statutes set forth in the country of Canada. However, the important thing to know is that the variations are incredibly slight and they are unlikely to change a ruling. However, there are certain things that are different and personal injury lawyers should be careful not to get them confused.
One of the most common causes for a personal injury case is a slip and fall accident. There are a lot of interesting things in regard to the legal matter of the case. On first sight a slip and fall accident may seem like nothing that is concerned by the law because it apparently shows negligence on behalf of the injured because he didn’t watch his steps. However, there is general legal principle which lies within the provisions of the Common Law in Canada, which clearly stipulates that every owner or occupier, who is a tenant for the most parts, is legally required to take all the necessary precautions to ensure that his property does not cause harm to any third parties or other buildings. This is a fair solution but it has nothing to do with personal injury law.
This is where the more particular and precise Occupiers’ Liability Act comes into place. The regulations set forth in this particular law are fully enforceable in the state of Ontario and therefore in the city of Kitchener. The Occupiers’ Liability Act provides regulations which supersede the general duty of care which are derivative from the legal principle set forth in the Common Law. The behavior that the owner and respectively the occupiers owe pursuant to this act is more strict and wide. They must ensure that upon entering the establishment the clients are not going to get hurt. The same is in full force for the event in which they are leaving. As you can see the responsibilities and the duty of care are both wider and demand a particular behavior – the ensuring of precautions.
This is why if someone slips and falls in a commercial establishment, for instance, and there is no sign that alerts the customers of the possible dangers, the owner or the occupier are going to be fully liable for the damages that the injured party had to incur. It is important to note that loved ones of the injured can also file claims on behalf of him without having to be explicitly and particularly authorized to do so. This provision derives from the Family Act which allows family members to claim particular damages exclusively without authorization or power of attorney. It is best to talk with a legal firm to get an accurate evaluation on your case.