Are Slip and Fall Cases Hard to Win in Ontario?February 07, 2020
Are slip and fall cases hard to win? It is a common question for anyone that has taken a tumble on another person’s property. These accidents are common, with over 42,000 Canadians suffering from a fall each year. The severity of these injuries varies and could range from minor cuts and bruises to life-threatening head trauma.
Not every slip and fall injury will result in a viable claim for damages, though. Proving these claims can be complicated, particularly without an experienced slip and fall lawyer by your side. Before you can answer the question “are slip and fall cases hard to win,” it helps to first understand the nature of these claims.
Understanding Slip and Fall Claims
Slip and fall injuries can occur under countless scenarios. However, some injuries will not lead to a viable claim for compensation. If your injury was unavoidable or due to your own carelessness, you are unlikely to hold another person responsible for your accident-related damages.
In general, a winning slip and fall claim results from an avoidable hazard on someone else’s property. The options are nearly endless, but these claims are especially common at grocery stores or large retailers.
Grocery stores contain an array of items that could be slipping hazards if spilled or dropped. This includes everything from fruit to beverages. If you trip and fall on a spilled item at a store, you could have a claim for damages.
Keep in mind, the property owner or manager must have a reasonable chance to address the hazard. If you fell on a drink spilled seconds before the fall, your claim might not be strong. If a spilled drink sits on the floor for hours, your claim might be much stronger.
Not all slip and fall cases occur in a commercial setting. It is also possible to recover on these claims when a fall occurs on private property. This could mean inside the home of a friend or acquaintance. It could also involve outdoor private property held open to the public. Anything from uncovered wells to lose carpet could result in a slip and fall claim if it is not addressed in a timely manner.
Are Slip and Fall Cases Hard to Win in Ontario?
It depends on a few factors. It can be challenging to recover compensation on the most deserving of claims if the investigation into the accident was handled poorly.
The first, and arguably most important, step after a slip and fall injury is to attend to your medical needs. Your health should come first and addressing your injuries will also strengthen your claim. If you fail to seek treatment right away, the documentation of your injuries could be lacking. What’s more, the defendant in a slip and fall case could suggest your injuries are not legitimate if you fail to seek treatment right away.
In addition to seeking medical treatment, your case could become harder to win if you fail to collect sufficient evidence. You will need as much information from the location of the fall as possible. This could mean taking pictures of the scene or even collecting the substance that caused the fall.
Whether or not you filed a formal report could also impact the strength of your case. If a fall occurred at a retailer or other place of business, it is likely that they have incident report forms. By ensuring a report was filed, you can later show the store was aware of the injury immediately. This could bolster the legitimacy of your claim.
Still wondering “are slip and fall cases hard to win in Ontario?” like with most legal questions, the answer depends on the specifics of your case. By following these steps your chances of recovery could increase substantially.
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