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.

Whether it’s in homes or public places, slipping and falling on staircases, stairwells and steps can be extremely dangerous. People sustain a variety of injuries, ranging from sprains, cuts or bruises to serious and life-threatening brain, spine or internal organ damage. Elderly people and pregnant women are particularly vulnerable.

Statistics show that slip and fall or trip and fall injuries are among the most common reasons for ER and doctors’ visits and hospitalization across all age-groups. Pre-existing conditions, the age and general health of the victim and the type of fall, location etc can determine the nature and extent of injury.

It’s important to seek immediate medical attention when you sustain a slip and fall accident, even if you consider your injuries to be minor. Many kinds of injuries have delayed symptoms and could turn out to be more serious later if left untreated.

Serious injuries sustained in slip/trip and fall accidents can cause physical, financial and emotional losses. They can put you out of action for weeks, months, perhaps even permanently. Loss of income, wage-earning capacity, compounded by high medical and rehabilitation costs and the emotional trauma can wreak devastation in the lives of not just the victims but often their families too.

Consult an experienced and knowledgeable Belleville personal injury lawyer if you or a loved one has suffered injuries in a slip and fall accident. You may be entitled to compensation.

Staircases, Steps and Stairwells

Statistics reveal that nearly 35% of brain injuries are sustained after a slip/trip and fall accident. Falling from a height, even if it’s a small one can compound the impact and cause serious injury.

Clutter or debris left on stairs are a huge hazard and this happens when there are children in the house, or there’s some maintenance work going on at the spot. There may be tools, construction materials, etc left behind which can pose a risk. Liquid spills or wet surfaces are another danger.

Other dangerous aspects of stairs or steps include:

• Water dripping from air-conditioners, creating puddles on the steps
• Loose carpeting
• Improperly anchored staircase runners catching the heel
• Broken or badly-maintained steps
• Missing tiles, chipped concrete
• Ice or uncleared snow on entrance/exit steps
• Poor lighting/visibility
• Unmarked elevation changes
• Trash or clutter
• Tools, loose cables
• Failure to clean by maintenance staff
• Lack of warning signs
• Broken, loose, missing hand-rails
• Improper design which doesn’t conform to building standards

Who Is Liable?

According to the Ontario Occupier’s Liability Act, the property owner   has a responsibility to ensure that the premises are maintained in a state of reasonable safety for all legitimate visitors.

The property may be privately owned or it could be a government/municipality owned one.

One of the issues that people face when slip and fall accidents occur is that it happened in a friend or relative’s home. This makes claiming compensation awkward, hence few victims file personal injury suits against someone they know well. However, it’s the insurance company that makes the payment settlement, hence the financial liability belongs to them and not personally to the friend or relative.

A Belleville personal injury lawyer can evaluate your case and provide you with the right advice and assistance.

Though summer’s still a long way off, many of us are already contemplating our holiday rentals. The best ones get filled up early on and hence, it’s wise to book well ahead.

While it’s great to be on a holiday where everything goes like a dream, things can take a devastating turn if someone suffers serious injuries in a slip and fall accident.

An unfamiliar holiday home and terrain, rotten floor-boards on a pier, missing hand-rails at the edge of a scenic ravine or water-fall, badly-maintained holiday cottage stairs or steps and a variety of hidden hazards can all result in an unforeseen slip and fall accident.

If you have seniors and children in the group, the consequences of a fall can be even more serious. Injuries that occur through no fault of yours can have a significant impact on your finances, mental and physical well-being.

Contact an experienced Barrie personal injury lawyer if you or a loved one sustains injuries in a slip and fall accident. Accidents are usually avoidable and preventable. Most of them are caused by someone’s fault or negligence. Those responsible for the accident can be held liable for the damages and injuries and compensation has to be paid to the injured if negligence and liability are proved.

Who’s Liable in the Case of Holiday Rentals?

Slip and fall accident liability is a particularly complex area of tort law, as there are several legal, medical and insurance issues involved. Premises liability principles and the Ontario Occupier’s Liability Act deem that the property owner, landlord or business owner is ultimately responsible for the maintenance of the property. Third parties like housekeeping services, snow-removal services or property maintenance contractors etc hired by the owner can also be held responsible if they haven’t fulfilled their duties.

Proving that the owner was responsible for the conditions that resulted in the accident can be quite challenging. An experienced Barrie personal injury lawyer with expertise in dealing with similar cases can provide the right assistance.

For a claim to be successful, it must be proven that:

• The owner had control over the situation that resulted in the accident
• The hazardous condition could have been repaired
• Serious injuries could logically be foreseen as a result of the hazardous condition
• Failure to take reasonable steps to repair the condition caused the victim to slip and fall, sustaining injuries

Ensuring A Successful Outcome

There are some important factors that can enhance your chances of a successful outcome to your compensation claim:

• Document and report the accident immediately
• Report in writing to someone in authority and get an acknowledgment if possible
• Send the report only after you’ve taken photographs of the exact location, your injuries and reason for accident
• Visit a doctor immediately, however minor you consider your injuries to be
• Take all prescribed medication and treatments
• Preserve all bills, list of expenses connected with the accident, the clothes and footwear worn
• Get contact details of witnesses if any

Avoid posting on social media or talking to at-fault parties without involving your personal injury lawyer

The last thing on anyone’s mind when an accident occurs is money! Unfortunately, it also happens to be one of the most important factors in regaining your health and restoring your life to what it was before the event occurred.

Financial problems arise when there are injuries that require time to heal. In fact, some injuries can have a permanent effect on the victim in the form of disability or disfigurement. Medical and rehabilitation expenditure can spiral out of control due to multiple hospitalizations, expensive procedures, medication and treatment regimes.

Additionally, if you’re unable to work during this time, or even permanently, this means a loss of income, wage-earning capacity and a fall in your living standards.

What gives most victims a sense of security and solace is that they’re covered by insurance. Automobile insurance helps victims to restore the damage done to their vehicles and also to recover their health. Since it is mandatory to have insurance for automobiles in most parts of the world, coverage is available in case of a mishap.

Ontario laws mandate that regardless of fault, all those injured in automobile accidents are entitled to receive statutory benefits paid by their own insurers. Additionally, victims can also file a personal injury suit against the at-fault party for negligence/fault that caused the accident if that is the case. Again, it’s the insurance-company of the negligent party that makes the settlement payout. An experienced London personal injury lawyer can assist you.

Issues In Seeking Insurance Settlements

We assume that insurance companies, especially our own, would have our interests at heart. We would also expect them to make a prompt and hassle-free response to our claims if we have provided the necessary paperwork.

However, insurance companies are ultimately for-profit enterprises, which need to safeguard their business interests first. This means they may dispute, deny or dismiss your claim for a variety of reasons, leaving you with no option but to file a personal injury suit against the at-fault party.

Claims May Be Delayed or Denied

Ontario has one of the highest auto insurance premiums in the country even though it has among the lowest accident rates too. This creates stress in consumers when it comes to filing a claim if the insurer decides to contest it.

In other cases, the settlement may be inordinately delayed, leading to a financial crisis for the injured victim and family-members.

Some of the reasons why claims are denied include:

• Misrepresentation of facts
• Suspicion of false or fraudulent claim
• Lack of coverage in policy
• Lack of sufficient proof of negligence by at-fault party
• Insurance company acts in bad faith
• Not adhering to statute of limitations or other time deadlines

Ensuring Stree-Free Claims Settlements

• Know your insurance coverage thoroughly
• Make sure you inform your insurer immediately since there are time-limits to filing a claim
• Provide the right contact information if you’re in a different location
• Maintain an accident journal listing all expenses, treatments and therapies
• Consult a London personal injury lawyer before completing and returning insurance forms
• Meet/Discuss with claims-adjusters only after consulting your London personal injury lawyer
• Preserve all bills/receipts/e-mails/correspondence regarding the accident

It’s a well-known fact that most accidents are caused by someone’s fault or negligence. When we think of such “accidents” what comes to mind are issues like impaired driving, driver inattention, cell-phone use, speeding, running a red light or other such flouting of safety norms. We can also consider issues like tire blow-outs, brake failure or accidents caused by defective motor-vehicle parts.

However, there is a difference when the accident was caused by a sudden medical emergency experienced by the at-fault driver.

Epilepsy, cardio-vascular emergency, cerebral hemorrhage, aneurysm, black-outs, mental illness etc are some of the typical reasons why a driver may lose control of the vehicle and cause an accident.

Unfortunately, whatever the cause of the accident, seriously injured victims and their families undergo tremendous physical, financial and emotional repercussions. Loss of income due to inability to work, high medical expenses and the pain and suffering that the injured person experiences are the direct result of injuries sustained in the accident.

If you or a dear one has been injured in a motor-vehicle accident contact an experienced Etobicoke personal injury lawyer without delay. You may be entitled to compensation.

Does “Sudden Medical Emergency” Absolve Drivers?

If the accident was caused by the driver’s suddenly losing control of the vehicle due to a medical emergency, it may be sufficient grounds to absolve the driver of having caused the accident due to negligence.

Although no one can really blame a driver for having suffered a sudden loss of consciousness while driving, this poses a grave threat to public safety. Different types of medical conditions can affect the person’s ability to safely operate a vehicle to a greater or lesser degree:

• Lowered reaction time
• Loss of motor function
• Loss of vision
• Lowered judgment and concentration

The “inevitable accident” line of defence is used to present a case that the accident was unavoidable, negligence had no part to play in it and that the driver had no control over the sequence of events.

However, in such cases, the burden of proof lies with the person who claims that the accident was caused by a sudden medical emergency. This includes proof that:

• he/she suddenly lost consciousness just immediately before the accident
• this resulted in loss of control of the vehicle
• such sudden loss of consciousness was completely unforeseen

If the at-fault driver can prove these elements satisfactorily, they may be absolved of negligence and liability. However, it’s not very easy to do so.

“Suddenness” is a key factor in the claim. If symptoms were present and ignored, it cannot be considered a “sudden” medical emergency.

In drivers who have existing medical conditions like cardio-vascular disease, epilepsy, diabetes etc, there is an element of “foreseeability” in the case.

Getting Compensation

Ontario laws entitle all injured motor-vehicle accident victims to statutory benefits, regardless of fault. This is payable by your own insurance company, up to a certain financial threshold.

Victims can also file a personal injury suit disputing the claim of “sudden medical emergency” if the circumstances so indicate.

Etobicoke personal injury lawyers can provide the right advice and assistance in such cases to help you get the maximum possible compensation.

When accidents happen, there is confusion and chaos all around. People are shocked, bewildered and afraid. They may also have suffered injuries or seen injuries happen to their loved ones. The primary focus at this time is to get competent medical help and ensure that the injured are protected.

However, accidents can also result in serious injuries that cause huge physical, financial and emotional problems as time passes. The injured person may be unable to work for a long time, perhaps even permanently. There may be enormous medical costs, pain and suffering to be endured.

Accidents aren’t always accidental – they’re most often caused by someone’s fault or negligence. The injured are entitled to receive compensation from statutory benefits in Ontario and also by filing a personal injury claim against the at-fault party whose actions or omissions caused the accident.

An experienced Belleville personal injury lawyer who has worked extensively in the area of MVA (motor-vehicle accidents) can provide the right information, advice and guidance.

Proving Fault or Negligence

Accidents resulting from fault/negligence cause disruptions in the injured person’s life, livelihood and quality of living. Under personal injury laws, they are entitled to seek monetary compensation that would restore their lives to the pre-accident conditions as much as possible.

The keystones of personal injury law are proving negligence, providing evidence of injuries and the impact of these injuries on the life of the claimant.

Accident situations occur within a split second and it’s not possible to truly evaluate the exact cause unless there are very clear and unmistakable signs of negligence or fault, such as impaired or distracted driving, speeding, flouting of traffic signals etc.

Insurance companies which make the settlement payouts may dispute the injured victim’s claims in order to protect their own business interests.

Hence, providing robust proof of your claim is a vital part of getting the compensation you deserve.

Belleville personal injury lawyers who have handled such cases before are able to help you assemble a strong and compelling claim. We can conduct independent investigations into the collision, get expert testimony and evidence from eye-witnesses if any and ensure that your claim is backed by solid proof.

Collision Reconstruction

Known as vehicle accident reconstruction, this is the scientific, objective and analytical process of investigating and concluding how an accident occurred.

Independent investigators can use the latest technology and techniques to examine the vehicles, accident location and vehicle behavior. This helps them arrive at a conclusion that details exactly how the crash occurred.

They may use:

• computer simulation/animation models
• software to analyze event data
• probability studies
• paint analysis/matching
• photography analysis
• crash testing for low-speed collisions
• visibility studies for poor lighting conditions
• weather and climate analysis
• tire and skid marks analysis
• speed and movement of vehicles
• sight-lines
• sequence of events
• reaction time
• seat-belts/airbag deployment
• vehicle control and bio-mechanical analysis
• auto part failure/defect analysis

and more.

Information from police and traffic records, photographs, CCTV or video footage, eye-witness reports, medical reports, etc are other valuable sources of information.

Such information provides crucial data in fixing liability so that you can get the compensation you deserve.