When you have a slip-and-fall, you may be quick to blame others or yourself. But it’s essential to really look around to determine who is potentially liable and whether these parties are truly negligent.
The facts are important if you want to build a strong slip-and-fall case, and unfortunately, nothing about the law is simple. Every legal case is different, so the question you need to ask yourself is: Do I have what it takes to handle the entire process myself?
In many cases, a property owner and occupier have a standard duty of care to their patrons and visitors, and they can be found negligent, depending on the circumstances. However, sometimes, the owner or occupier and the victim are both liable.
So whether you slip and fall on a sidewalk or a public/private premises, it’s always best to consult with a Wynperle Law slip-and-fall lawyer. They can answer your questions, deal with insurance companies on your behalf, and let you rest easy and recover while they handle the details.
How Do I Sue for a Slip-and-Fall Accident?
You will need to prove either:
1. The property owner, their staff, or the occupier should have recognized a dangerous area on the property and taken the necessary steps to fix or remove the danger.
What you need to prove is that a reasonable person would have the common sense to see the potential danger and solve the problem. You also need to prove that the property owner or occupier had plenty of time to find a solution.
Or
2. The property owner, their staff, or the occupier caused your accident by creating a dangerous situation. This includes leaving obstacles on a pathway that is dimly lit. Such a situation can be deemed reasonably foreseeable that an injury would occur.
Types of Slip-and-Fall Accidents
A slip-and-fall doesn’t only happen during the winter or outside. It can also involve tripping. There are many ways a slip-and-fall can happen inside and out. Some causes include:
- Insufficient lighting
- Damaged or unsecured carpeting
- Damaged or missing railings
- Icy sidewalks, pathways, or stairs
- Wet floors without warnings displayed
- Poorly constructed stairs
Depending on your case, you will need to read up on the Occupiers’ Liability Act, the Occupier’s Liability Amendment Act, and Ontario’s Building Code for a start. Without a slip-and-fall lawyer, you’ll have to do your own in-depth research into the law. One thing you’ll want to avoid is falling into the cliche that states: “Anyone that represents themselves has a fool for a client.”
Investigating for Your Injury Claim
The victim of a slip-and-fall accident must also provide evidence of the area at the time of their injury. Video footage from surrounding buildings can be a valuable piece of evidence, but it may be difficult for the average person to obtain it if they don’t have legal representation, since property owners with cameras in the vicinity are allowed to refuse to share their footage if they so choose. A lawyer can help avoid this problem.
The victim must also have medical documents that explain the extent of their injuries and how much pain and suffering they are likely to endure. This ties into a loss of wages and can even mean a loss of employment, depending on the severity of the injuries. Lawyers with experience in this type of case will have a much better understanding of how to make the most accurate and beneficial calculations.
Bear in mind that gathering evidence and building your case while injured can also be overwhelming, and sometimes, not possible because of your injuries and legal deadlines. Moreover, you may lose your case if you’re not knowledgeable of the law and your rights or if you’re lacking evidence.
A good Hamilton and Guelph lawyer will have worked on and won many personal injury cases, which is why you should always reach out and get advice from experts like a slip and fall lawyer.
Speaking with the Insurance Company
Insurance companies aren’t always willing to pay you what’s owed.
If you make a casual comment and say the wrong thing, the company can use it against you later on to deny your slip-and-fall claim. Or they can offer you a large one-time sum for your injuries when you should receive ongoing compensation.
Victims often believe insurance companies know what’s best, but they don’t always play fair. A lawyer can act as the middleman between you and the insurance company, so you don’t need to worry about the details or making a mistake. Wynperle Law will review your case and provide appropriate legal advice on how to move forward.
Work with a Wynperle Personal Injury Lawyer
It’s essential to know your rights. Not every slip-and-fall case is cut-and-dry, which is why you need a lawyer by your side.
When you come in to speak with our team, we will evaluate all the specifics related to your slip-and-fall accident. Clients can help by bringing in any evidence they have, such as photos of where the accident occurred and notes taken as soon as it occurred. But by working with a lawyer you trust and that can explain what to expect when filing a slip-and-fall claim can take a lot of the pressure off.
The Wynperle Law firm is here to help, from working with insurance companies to investigating your claim to gaining the compensation you deserve. Contact us about your case today!
