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Are Slip and Fall Cases Hard to Win in Ontario?

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Are Slip and Fall Cases Hard to Win in Ontario?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
are slip and fall cases hard to win

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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