When a person slips and falls on another person’s property, then the victim may be able to file a slip and fall claim. This is an insurance claim or lawsuit that allows the victim to recover damages she or he suffered because of the slip and fall.
The following provides insight as to what a slip and fall claim is and how a legal advocate can help.
Types of Slip and Fall Accidents
Anyone may slip and fall on someone’s property, whether a commercial property (like a store) or a private property (like a residence). A person may even have grounds to take action against a government entity if it is responsible for a slip and fall accident.
Below are some common types and causes of slip and fall accidents.
• Wet, icy, or slippery surfaces
• A missing fence allowing a fall into a pool
• Uneven walking surfaces
• Cracks in the sidewalk
• Torn carpet
• Falling debris
• Objects and debris in walking areas
• Missing handrail
• Broken stairs
If any of the above cause a slip and fall accident on another’s property, the property owner may be liable for any damages that result.
Owners’ Rights and Responsibilities
An owner is responsible for ensuring the property is free from known hazardous conditions. There are also cases where a property owner should have known of a hazard but did not. These property owners may still be liable for neglecting to ensure the property was safe. However, an owner may not be liable for injuries sustained by a trespasser.
In Canada, property visitors are classified as invitees, licensees, or trespassers. If a property owner knows a hazard on the property exists, but does not alert an invitee or a licensee of the hazard, and if the invitee or licensee experiences an injury, then the property owner may be liable.
Statute of Limitations for Slip and Fall Liability Claims in Ontario
In Ontario, the law prohibits a person from filing a premises liability claim after the two-year anniversary of the accident. If a victim attempts to take civil action after this time period, she or he may be unable to file the claim and recover damages. It’s thus important to get started taking legal action as soon as possible after an accident.
Contact a Slip and Fall Lawyer at Preszler Law
Filing a premises liability claim for damages can be challenging. The property owner may present various defenses to avoid liability. If you need assistance with your claim so you recover damages you deserve, contact the lawyers at the Preszler Law Firm today. You can reach our team now at 1-800-JUSTICE® or via our contact form.