Proving liability in slip and fall cases in Toronto: Key factors to consider
It's a typical winter day in Toronto. You're walking down a sidewalk, bundled up against the cold, when black ice hides beneath a thin layer of snow. One wrong step, and the ground vanishes beneath your feet. A slip and fall accident can happen in the blink of an eye, leaving you with physical pain, emotional stress, and lost wages. If the accident happened on someone else's property because they neglected to clear the hazard, you might be entitled to compensation. But how do you prove the property owner was liable for your fall? Here are some key factors to consider in a Toronto slip and fall case:
Duty of Care:
Property owners and occupiers have a legal duty of care to ensure their premises are reasonably safe for visitors. This includes maintaining the property, removing hazards, and warning visitors of potential dangers.
Knowledge of the Hazard:
To prove liability, you'll need to show the property owner or occupier knew, or should have known, about the dangerous condition that caused your fall. Evidence can include:
- Proof the hazard existed for a significant amount of time before the accident.
- Reports of previous slip and fall accidents in the same location.
- Internal maintenance records show awareness of the issue.
Taking Reasonable Steps:
Even if the owner wasn't aware of the specific hazard, they might still be liable if they failed to take reasonable steps to prevent foreseeable dangers. This could include regular inspections, proper cleaning procedures, and placing warning signs when necessary.
Your Own Conduct:
While the property owner has a duty of care, you also have a responsibility to act reasonably safe. For instance, texting while walking or wearing inappropriate footwear on a slippery surface could affect your claim.
Evidence is Key:
The stronger your evidence, the better your chances of a successful claim. This can include:
- Witness statements: Having someone who saw the accident and can corroborate your story is valuable.
- Photos: Take pictures of the scene of the fall, the hazard that caused it, and any visible injuries.
- Medical records: Documentation of your injuries from a doctor's visit is crucial.
- Incident reports: If the fall happened at a business, request a copy of any incident reports they may have filed.
Consulting a Personal Injury Lawyer
Slip and fall cases can involve complex legal issues. An experienced Toronto personal injury lawyer can investigate your case, gather evidence, negotiate with insurance companies, and ensure your rights are protected throughout the process.
At Glowinsky Law, we understand the challenges you face after a slip and fall accident. Our team will work tirelessly to get you the compensation you deserve for your injuries.
Contact us today for a free consultation to discuss your case. To get in touch with us, please click here or call us at (647) 276-0176