Proving Liability In A Slip-and-Fall Accident Can Be A Slippery Slope
Slip-and-fall accidents are an unfortunate, but regular, occurrence in Toronto-particularly after heavy snowfall.
According to the Canadian Institute for Health Information, in 2010-2011, more than 7,100 people were hospitalised following a fall in icy road conditions.
Slip-and-fall claims are actionable because property owners owe a duty of care to people entering upon their property-including guests and salespersons>
Therefore, when a person slips and falls on another person’s property, resulting in an injury, they can bring a legal action for compensation or ‘damages’ from the person whose negligence brought about the circumstances that gave rise to the injury.
This means that an injured person can make a slip-and-fall claim against the property owner when it can be demonstrated that the fall occurred due to the property owner allowing a dangerous or unsafe condition to exist on their property. This can be achieved by the injured person proving that the property owner was negligent in the maintenance of their premises.
Consequently, a property owner must show that they took reasonable and ordinary care to prevent an accident occurring.
For instance, after snowfall, the property owner may not have promptly cleared the snow on and around their property or prevented ice becoming a hazard by applying salt or sand onto their property and the surrounding areas.
Another common hazard is wet floors. In the eyes of the law, placement of a ‘wet floor’ sign at the entrance to a business premises, coupled with regular mopping of wet areas to prevent an excessive build-up of water, amounts to reasonable and ordinary care on the part of the business owner. Failure to take such steps could result in the business owner being held liable for damages in a slip-and-fall lawsuit.
To increase their chances of succeeding in a slip-and-fall action, the injured person should report the accident as soon as possible and seek immediate medical attention, if necessary.
In addition, if a business owner completed an incident report, the injured person should obtain a copy and secure the contact details of any potential witnesses. Photographs of the accident site could also prove beneficial.
Even when a property owner is found responsible for another person’s injuries, the injured person may nevertheless be found partially liable-or negligent on a ‘contributory’ basis-depending, for example, on whether they were paying attention to where they were walking or wearing appropriate footwear.
Given their complexity, success in a slip-and-fall lawsuit is by no means a certainty. For this reason, among others, an injured person should consult an experienced slip-and-fall injury lawyer to find out more about seeking redress.