Unsafe Premises and Slip and Fall Accidents

EXPECTATION OF SAFETY

Property owners are responsible for accidents and injuries suffered by persons inside or outside their property due to unsafe conditions.  In Ontario, the Occupiers Liability Act governs this area of law and places a duty on property owners (homeowners, business owners, tenants) to keep their premises in a reasonably safe condition to prevent injury of visitors, for appropriate steps to be taken to correct any hazardous conditions and to warn persons of any hazards on the property.

Unfortunately, some owners neglect to fulfill their responsibilities and do not adequately maintain or repair property thereby putting others at unnecessary risk of injury. This covers properties such as grocery stores, restaurants and bars, retail stores and malls, theme parks and playgrounds, roads and sidewalks.

Causes of accidents on a property may be due to the following unsafe conditions:

  • Falling objects
  • Ice or snow
  • Uneven surfaces
  • Impediments in walking surfaces
  • Potholes
  • Insufficient security or supervision
  • Assaults
  • Poor lighting
  • Defective stairs
  • Sporting injuries
  • Drowning
  • Breaches of building codes
  • Municipal property accidents on roads and sidewalks

WE ARE EXPERTS IN PREMISES LIABILITY

Let Benjamin Law help you in this area of the law. Premises liability laws are complex and it can be difficult to assess who is responsible for your injuries. Let us  start a thorough investigation to determine who the property owner is and hire the appropriate experts to investigate whether the property owner was negligent through an on-site examination, gathering of witness statements, and securing measurements, photographs and any video surveillance. Our family of lawyers at Benjamin Law will pursue the negligent property owner on your behalf to hold them accountable for your injuries. 

COMPENSATION IS AVAILABLE TO YOU

If you were not completely at fault for the incident, we can help you recover compensation from at-fault parties for:

  • Pain and suffering damages (for loss of your enjoyment of life)
  • Loss of future earnings (financial loss due to the inability to work, reduced earning capacity and loss of future opportunity)
  • Future care costs (medical care, rehabilitation and other future costs including nursing or attendant care beyond what is available from accident benefits)
  • Housekeeping and Homemaking Services
  • Compensation for family members affected by your injuries (for cost of services you provided and the loss of care, guidance and companionship they have suffered)

UNSAFE PREMISES AND SLIP AND FALL ACCIDENTS GO HAND IN HAND

Slipping and falling due to hazardous conditions on someone else’s property are the most common premise liability cases. The governing legislation in Ontario is the Occupier’s Liability Act which states that an occupier of premises owes a duty to take reasonable care for the safety of any person that is on their premises. If the owner of the property knew or should have known of the hazardous condition on their property but failed to warn you of the dangerous conditions and you slipped and/or tripped as a result of that hazardous condition, then you may have a claim against the property owner.

Municipal cases are handled differently, contact Benjamin Law for more details

ACT IMMEDIATELY – MUNICIPAL PROPERTY

Please note that there are very time sensitive notice periods that must be followed if you have fallen on municipal property – as short as ten days. This notice letter to the municipal clerk should be sent by registered mail. If you have missed the notice time period, you should contact a lawyer immediately as there are some circumstances where a judge may extend the time. After providing this letter, you have two years to start your lawsuit against the city/town or other property owner.

WE WILL DO WHAT’S BEST FOR YOU

After a slip and fall accident, there is an immediate investigation that needs to be completed very quickly after the time of the incident. At Benjamin Law we have the skills and resources to complete this investigation thoroughly to determine:

  • who the property owner is,
  • whether the property owner was negligent and to
  • hire the appropriate experts to conduct an on-site examination,
  • gather witness statement,
  • secure measurements, photographs and any video surveillance.

You also want to be sure to preserve the footwear you wore when you fell, If you can. We have represented many slip and fall victims and know you have many questions and are worried about your future. Benjamin Law is here to help you.

COMPENSATION FOR YOU

Your claim may seek compensation for:

  • Pain and suffering damages (for loss of your enjoyment of life)
  • Loss of future earnings (financial loss due to the inability to work, reduced earning capacity and loss of future opportunity)
  • Future care costs (medical care, rehabilitation and other future costs including nursing or attendant care beyond what is available from accident benefits)
  • Housekeeping and Homemaking Services
  • Compensation for family members affected by your injuries (for cost of services you provided and the loss of care, guidance and companionship they have suffered)