Slipping or tripping can be an extremely risky proposition and may result in a nasty fall. The immediate and overwhelming emotion is embarrassment and we hope that no one witnessed this unseemly upset. However, the truth is it’s great if someone did spot you taking a spill. They can serve as witnesses if you wish to make a claim for compensation against the owner of the property where your accident occurred.

Such accidents can cause serious physical, financial and emotional losses for the injured person and/or their families. You are entitled to seek financial compensation from those whose carelessness, fault or negligence created/maintained the conditions that resulted in your accident.

We assume that our insurance company or that of the at-fault party will cover our expenses. However, they don’t always act in good faith and could dispute your claims.

Contact an experienced North York personal injury lawyer who deals exclusively with such cases. This gives you the necessary assessment of your claim, advice, guidance, information and advocacy. It also protects your interests.

Slip or Trip?

When we fall down and sustain injuries it could have been because we either slipped or we tripped ! Such accidents are a leading cause of injuries across Canada. Most people use the two terms “slip and fall” and “trip and fall” interchangeably. Both situations come under the umbrella of premises liability. However, in determining the exact cause of the accident and establishing liability, it’s important to know and specify the way your fall occurred.

The main differences:

• Slipping occurs when there is reduced or no traction between the surface and the feet/footwear. For instance, wet or slippery surfaces, loose carpeting/mats, liquid spills, sloping floors, metal or marble flooring, waxed, polished or freshly-cleaned floors, over-smooth soles on footwear, etc can cause a slip and fall accident.

• Tripping occurs when the person loses balance because of an external object that alters their stability. Exposed cables and wires, unmarked elevation changes, clutter and debris, wrinkled/loose floor covering, objects left in unaccustomed places etc are some of the reasons that cause trip and fall accidents.

In general, proving liability in these cases is challenging. Experienced North York personal injury lawyers have to prove negligence, liability, cause of accident, nature and extent of injury, direct/indirect connection between the accident and injury and the losses caused by the injury.

Keeping this aspect in mind, it becomes important to make the distinction between a slip and a trip so that it becomes clear what the cause of the accident was.

Safeguard Your Rights

• There are strict time-frames within which such claims can be brought
• Report the accident and consult a doctor immediately
• Preserve clothing/footwear worn at the time, all bills connected with the accident
• Avoid quick settlements with property-owners
• Don’t sign waivers, give permissions or recorded statements
• Talk to insurers/claims-adjusters after legal consultation
• Follow medical advice
• Avoid posting on social media

In Ontario, the Occupier’s Liability Act holds property owners responsible for the safety of premises under their control. If you or a dear one suffers injuries in a slip/trip and fall, you’re entitled to seek compensation for your injuries.