Read The Signs: Watch Your Step! 

When we think of slip or trip and fall accidents, we assume that they usually occur on pavements, retail spaces, restaurants etc. One of the most common areas where such mishaps can happen is a parking lot.

No one sets out to fall intentionally and such accidents happen like a bolt from the blue. The overwhelming feeling is embarrassment and we hope that there’s been no audience to our losing our balance! This is one of the things that causes huge concern, because a significant proportion of these accidents go unreported, although slip and fall accident-related injuries account for the largest incidence of hospitalization across Canada.

Traumatic brain injury, spinal and neck injuries, fractures (especially hip and pelvic) among the elderly, facial and dental damage, wrist and ankle fracture, knee-cap damage, internal organ damage after falling from a height etc are some of the common injuries caused by a serious fall. Minor injuries like sprains, ligament tears, crush injuries etc can also affect the person’s ability to work and their mobility.

Property owners have the responsibility to maintain their premises in a state of reasonable safety and the injured have a right to seek compensation from them in case of such accidents.

Parking Lot Slip and Fall

Parking lots are common locations for slip and fall accidents. They may be privately or publicly owned, open or enclosed spaces. They may not always be well-maintained or well-lit and can cause problems for people who have to walk through them. Some of the hazards include:

• Frozen, greasy or iced-over floor or ground
• Pot-holes or depressed areas where water collects
• Dripping water from air-conditioners which pools on the floor
• Unmarked elevation changes
• Grates or air-vents
• Unmarked speed bumps
• Broken, badly-maintained ramps, steps
• Missing hand-rails
• Poor lighting and shadowed areas
• Debris and clutter
• Abandoned shopping-carts
• Tools and construction materials left by workers
• Snow left behind in piles by removal staff

Who Is Responsible?

Under the Ontario Occupier’s Liability Act Section 3 (1), occupiers of any premises have a duty of care to ensure the safety of all those who are on and enter their premises.

If the parking lot belongs to a mall, then the owner of the property, the occupier or the mall owner is held responsible for maintaining reasonable safety of any legitimate visitors to the parking lot. Similarly, if the parking lot is owned by a company or public body, that entity is held responsible.

Creating safe conditions in a parking lot includes regular inspection and maintenance, removal of hazardous conditions, conducting prompt repairs, repairing or replacing broken, malfunctioning and defective features and/or informing the public in clear terms about the hazard so that they remain alert and warned.

Seeking Compensation

As experienced Bolton personal injury lawyers know, there are certain elements that have to be proved to achieve a successful outcome in a compensation claim.

• Evidence that the hazardous condition existed
• Proof of fault or negligence
• Proof that the owner/occupier knew of it and failed to take corrective measures
• Proof of injuries directly caused by the accident
• Impact of the injuries on the victim’s life

We can provide the right advice and assistance.