The Responsibilities of the Plaintiff if You Have Been Injured in a Slip and Fall
If you have been injured in a slip and fall, there are some obligations to fulfill if you wish to seek damages. It seems like it would be something that is straightforward, but “injured beware” may apply here.
When you have been injured in the case of a slip and fall on a slippery sidewalk or walkway or perhaps tripped on an uneven sidewalk, there are strict timelines to serve notice of your injuries in certain claims. In civil cases a detailed and careful collection of evidence on your part is needed as proof of how, where and why the accident occurred. Despite physical evidence of injury caused by a fall, such as a cast or your arm in a sling, your story will be undergoing close scrutiny.
The expectations and duties of the occupier of premises are outlined in the Ontario Occupier’s Liability Act. Generally, the Act requires that the occupier of the premises must keep it reasonably safe for persons entering onto the premises.
You may be surprised to learn that in some cases, the shoes or boots you are wearing may make the difference between winning and losing a claim. For instance, sandals when worn in an urban setting can lead to questions about whether or not they are safe or appropriate attire. Did you trip because your sandal got caught on the sidewalk or steps? Was the sidewalk in disrepair or were your flimsy flip-flops the cause of the fall? Footwear can be deemed inappropriate for the weather conditions on the day the injury occurred, such as wearing sandals in the fall and walking on wet, slippery leaves or wearing sandals on a rainy day. All can be deemed safety hazards, or inappropriate, which could lead to your claim being reduced or eliminated due to contributory negligence.
Another surprising detail which insurers may question in slip and fall claims is whether or not the injured person was wearing their required glasses, or perhaps they were running after a bus and therefore possibly acting in what could be determined to be acting in an unsafe manner.
While all of these things may come into play, the homeowner or store owner still has responsibility to keep their property in proper repair and condition. However, with so many complex factors involved in slip and fall claims, it is advisable to contact a personal injury lawyer as soon after the injury as possible. A personal injury lawyer will help collect the essential evidence for your claim, meet the required deadlines and obtain compensation for the injured party. At Futerman Partners LLP we have over 30 years experience in successfully handling even the most complex slip and fall claims. Call us today for a free initial no-obligation consultation.