Apr 15 2023 |
Toronto Slip And Fall Claims: Proving Negligence
Whether you’re walking down the street, shopping in a grocery store, or visiting a friend’s home, a slippery floor or uneven surface can cause you to fall and injure yourself. These accidents can result in serious injuries, costly medical bills, and lost income.
If you’ve been injured in a slip and fall accident, you may be entitled to compensation, but for your claim to be successful, you will have to prove negligence. Proving negligence in a slip and fall case can be challenging. Each case will have a unique set of events that caused the accident and finding solid evidence is easier said than done.
In this article, we’ll dive into the nitty-gritty of proving negligence in Toronto slip and fall accidents. By the end of this article, you’ll have a better understanding of what it takes to prove negligence in slip and fall cases and how to approach your case if you’ve been injured in a slip and fall accident in Toronto.
Proving Negligence in Slip and Fall Claims
To establish negligence in a slip and fall claim, the plaintiff must prove that the defendant had a duty of care, breached that duty, caused the plaintiff’s injuries and that the plaintiff suffered damages as a result of the injury.
Proving negligence in slip and fall claims can be challenging, and it requires a thorough investigation and collection of evidence. It’s crucial to consult with a slip and fall lawyer in Toronto who can help you gather the necessary evidence and build a strong case.
Duty of Care
In Ontario, property owners or operators have a legal obligation to take reasonable care to avoid causing harm to others. Property owners must maintain their premises in a reasonably safe condition and warn of any potential hazards. In a slip and fall claim, the defendant may have had a duty of care to the plaintiff if the plaintiff was lawfully present on the defendant’s property.
Breach of Duty of Care
Once it has been established that a duty of care existed, the plaintiff must prove that the defendant breached that duty. Breach of duty means that the defendant failed to act with reasonable care, such as failing to clean up a spill or fix a broken staircase. The plaintiff must demonstrate that a reasonable person in the defendant’s position would have taken steps to prevent the accident.
Similar to proving fault in a motor vehicle accident, the Occupier’s Liability Act outlines who is liable in cases of accidents that occur on private property. The occupier of a property might be entirely, partially, or not at all liable for a slip and fall accident, depending on the circumstances.
Causation of Damages
The plaintiff must also prove that they experienced damages as a result of the fall and that the negligence of the property occupier caused those damages. Damages in this case might include medical expenses, lost income, and pain and suffering. If you were injured in a slip and fall accident, it is essential to keep all records of medical treatments, rehabilitation costs, housekeeping bills, and anything else that might be relevant to the case.
In Ontario, there are strict limitation periods that govern the time frame for filing a legal claim. The limitation period for most slip and fall claims in Ontario is two years. So, if you’ve been injured in a slip and fall accident, you have two years from the date of the accident to file a lawsuit against the responsible party. Failing to file within this time frame can result in losing your right to compensation.
It is important to note that in some cases, the limitation period is less than two years. If you slip on ice and want to file a claim against a municipality, you have only 60 days to file a claim.
In some cases, there are also notice periods that outline the time frame for notifying the property owner or public agency that an accident occurred and that you plan to take legal action. This notice period can be as short as 10 days.
This is why it is crucial to act quickly and consult with a slip and fall lawyer as soon as possible to ensure that your legal rights are protected. A lawyer will notify you of any limitation periods and help to ensure you submit all documentation on time.
Why You Should Consult With a Slip and Fall Lawyer
If you’ve been injured in a slip and fall accident, don’t wait to book a consultation with an experienced slip and fall lawyer. Working with a lawyer will significantly increase your chances of successfully proving negligence and receiving compensation by:
- Gathering evidence and building a strong case to prove negligence on the part of the property owner.
- Helping you understand the legal process, including limitation periods, and ensure that your claim is filed correctly and within the required time frame.
- Negotiating with insurance companies on your behalf to ensure that you receive a fair settlement for your injuries.
- Compiling, filling, and submitting all required documentation
- Representing you in any legal hearings
Essentially, a slip and fall lawyer will handle all of the legal aspects of your case, providing peace of mind during a stressful time, and allowing you to focus on your recovery.
Zayouna Law Firm: Your Toronto Slip and Fall Lawyer
If you’ve been injured in a slip and fall accident in Toronto, don’t hesitate to contact Zayouna Law Firm. Our lawyers have decades of experience representing clients in slip and fall cases and will work hard to build a strong case for your claim.