If you experience a slip and fall that results in a physical injury onprivate or public property in Ontario, you may be entitled to compensation. However, without a lawyer, it may be difficult to acquire all the necessary evidence to prove negligence. Victims without representation often do not receive the full compensation that they deserve.
A personal injury can occur anywhere and municipal governments are not exempt from paying for injuries. In downtown Toronto, homeowners and tenants are expected to keep the sidewalks clear. However, many city-owned laneways go unmaintained, and the municipality may even be responsible if homeowners fail to shovel and salt their stretch. In 2009, a nurse named Vier Guy injured herself on an unplowed icy laneway near Danforth Avenue, which caused a slight concussion and a fractured wrist. Ontario Superior Court Justice, Alfred Strong, awarded Guy approximately $34,000 in damages. Strong stated that the sidewalk should be plowed because it is used on a frequent basis for deliveries to stores on Danforth Avenue, as well as by subway passengers, local residents, and students attending Danforth Collegiate and Technical Institute.
However, if you fall and hurt yourself while at work, the incident may be classified as a workplace injury and compensation could come from the WSIB (Workplace Safety and Insurance Board). The WSIB is a no-fault insurance agency that covers all employers in the province. “No fault” means that compensation is paid no matter who is at fault and the employer is usually protected from any further liability. Sometimes, employers may try to cast doubt that the injury was sustained on the job. A workplace injury lawyer can help you file and win your claim with the WSIB. The WSIB’s main objective is to get workers back on the job as soon as possible.
Other slip and fall cases typically fall under the Occupier’s Liability Act. This act defines the occupier as the one who is responsible for the premises. Toronto legal firm Goodman Law Group explains howthe act outlines the occupier’s responsibility for maintaining safety on the premises in order to ensure that those who use it can do so without risk of a harming themselves. If there is a risk that should have been foreseen, then the occupier could be liable for any injuries sustained due to a slip and fall on the premises. Claimants may also have to prove that the area is frequently used.
The attorneys at Goodman Law Group help you bring your case to justice, whether it’s against private homeowners, property managers, or the city. The bottom line is that you should be safe to walk or climb up the stairs anywhere. You do not have to fight for compensation alone. There are strict deadlines for filing claims, so contact a slip and fall lawyer right away. Always consult with an attorney to see if you have a case.