Slip and Fall Injury in Ontario: What Types of Damages Can You File a Claim For?

Legal Newswire

Oct 07, 2021

Over 42,000 Canadians are injured in slip and fall accidents every year. Most of these accidents are caused by unsafe conditions on a property. Among those who are injured, seniors account for more than half of hospitalizations due to slip and fall accidents.
Slip and fall accidents can happen during any season and are typically caused by unsafe circumstances or hazards present in a property. In Ontario, the property owner or occupant is held responsible for keeping their property safe for anyone visiting or passing by their property.
Under the Occupiers’ Liability Act, if anyone is injured because of a property owner or occupier’s negligence, then they may be held liable for the the property owner and/or responsible property occupier or contractor’s negligence. Hence, a slip and fall accident lawsuit may be filed against property owners, occupiers and contractors who are proven to be negligent.
Grillo Law has an expert team of slip and fall lawyers who can assist anyone who needs help filing slip and fall liability claims and seeking counsel concerning their injuries due to a slip and fall accident.
To start with, let’s get a better understanding of these accidents and their legal relevance.How Common Are Slips and Falls in Ontario?Here’s a quick look at the numbers: According to the Canadian Centre for Occupational Health and Safety, more than 42,000 workers suffer injuries from slip and fall accidents every year. Workplace Safety North likewise reports that no less than 80 workers are injured in a fall daily. This translates to a staggering fall rate of one person every 20 minutes! Out of all fall-related injuries, 65% are due to slips and trips, or ‘same level falls.’The Northern Brain Injury Association also cites that falls are one of the major causes of brain injury. Even worse, 34% of fall injuries from a height result in death. Regardless of the height, slips and falls are a serious health risk and must be taken seriously. This is why the law ensures that property owners are doing their part in keeping their properties safe for the general public. Among the most common slip and fall hazards are:

Slopes and uneven walkway levels
Slippery paths due to snow and ice, spilled liquids, or solid debris
Unsecured floor fixtures
Items such as cords and cables that may cause people to trip and fall
Poor lighting conditions

The most common types of injuries that people get from slip and fall accidents are:Hand or wrist sprain or fracture

Tailbone fracture
Kneecap fracture
Foot/ankle sprain or fracture
Shoulder or arm fracture
Facial injury
Head trauma
Concussion or brain injury

The severity of injuries varies depending on the conditions of the fall, such as the height and angle from which one has fallen. Age also plays a huge factor, as senior adults tend to have weaker bones and thus are more susceptible to worse fractures. Lack of mobility and dexterity may also make injuries worse, especially when they cannot ‘break a fall’ by trying to land on their buttocks or arms instead of on their head or face.
Damages Available in Slip and Fall Case
So what damage can a fall do? As we discussed in the previous section, injuries may vary depending on various factors. In terms of damages available to victims of slip and fall accidents, it depends on certain factors like:

Severity of injury
Medical treatment needed
Additional care needed
Effect on future earnings

General damages for most slip and fall accidents typically include:

Loss of salary and/or benefits due to incapacity to work caused by the injury
Medical expenses (medications, doctor visits, hospital bills, etc.)
Physical therapy or rehabilitation and other necessary treatments
Pain and suffering caused by physical injuries as well as emotional and mental trauma
Transportation expenses to and from the hospital or treatment centre
Costs for long term treatment
Loss of long term income
Cost of making your home wheelchair-accessible
Breakdown of personal relationships

How Long Does a Slip and Fall Case Take to Settle in Ontario?Under Ontario law, there is no specific time limit concerning the time to settle slip and fall cases. Some cases take months, while some make it to trial. Cases are typically brought to trial due to the severity of the victim’s injuries.As such, settlement varies from case to case, so it may take anywhere between a couple of months to a couple of years
How long after a slip and fall can you sue?
Under the Occupiers’ Liability Act, you need to serve written notice to a private property owner within 60 days of your accident. If the slip and fall case happens on municipal property, you need to serve the owner a written notice within ten days, as mandated by the law in Ontario.
How You Can Prove Negligence in a Slip and Fall AccidentIn a slip and fall accident lawsuit, providing adequate evidence is essential to build a strong case and prove negligence. Victims must provide evidence concerning their attire to justify that the accident happened despite them wearing appropriate footwear, for example.Your personal injury lawyer will help you collect evidence so that you can build your slip and fall claim. Evidence typically includes the following:

Photos showing the location’s hazardous conditions
Photos of your injuries
Videos or surveillance taken at the time of the accident
Eyewitness accounts
Medical records
Defects in construction
Safety and inspection reports
Expert statements from medical practitioners

Why Consider Consulting Slip and Fall Lawyers?If you are in this situation right now and are wondering, ‘Should I get a lawyer for a slip and fall?’ The answer is usually yes. Especially in cases where a property owner is clearly negligent, it’s best to take legal action to prevent the accident from recurring.Our personal injury lawyers at Grillo Law are some of the best slip and fall lawyers in Ontario and can help you settle your case successfully. Having an experienced lawyer is essential because they will help you protect your rights and receive your dues. Even when you are not familiar with the law, a seasoned lawyer will help you build a strong case. You can book a free consultation with us to assess your options and find the best course of action for your case. Call us at +18552255725 or fill out the contact form on our homepage to book a consultation now.

Grillo Law Firm offers its services in Toronto and throughout Ontario. For more information, please visit https://grillo.ca/. Grillo Law Firm would like to thank online marketing agency dNovo Group https://dnovogroup.com/ for help with this article.