Trips and falls are one of the leading causes of accidental injury in Ontario. Under our province’s Occupier’s Liability Act, tenants and property owners have a legal responsibility to take reasonable steps to ensure their property is free of trip and fall hazards, and to ensure that any hazards left unaddressed are clearly identified.
Some of the common causes of trips and falls include:
- Icy or wet surfaces
- Greasy or oily surfaces
- Worn or uneven surfaces
- Unanchored mats or rugs
- Poor lighting
- Debris or clutter
- Missing handrails on stairwells
- Obstructed views
- Protruding drawers, cabinets, or other objects
Other contributing causes can include improper footwear and inattention from the person who has tripped, and in the case of a claim, a judge will evaluate the extent to which the occupier of the property is liable.
For example, in one cast from 2015, Miller v. Her Majesty the Queen in Right of Canada, a man sued the government after he slipped on ice and was injured while incarcerated at a prison. He contended that the prison had not done its due diligence to inspect and keep the walkway safe, free of snow and ice. He was awarded $100,000 by the judge, however the judge reduced his award to $70,000 after he found that his inappropriate footwear — running shoes in the snow — may have contributed to his fall.
Don’t Wait to Make a Claim
It’s important to contact a personal injury lawyer immediately following a trip and fall. A claim typically requires witness statement, inspection reports, photographs, and other evidence of potential defects that might have led to your fall, and these become more difficult to obtain the longer you wait.
A personal injury lawyer can help you evaluate your case, and explain what kinds of damages you may be eligible for including:
- Rehab and care expenses
- Medical expenses
- Loss of income
- Pain and suffering and loss of enjoyment in life
For more information on our expert personal injury lawyers, visit our website and contact us at Blackburn Lawyers today.