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Falling in a Store

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Falling in a Store

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.
average payout for slip and fall injury

When you fall in a store such as a supermarket or coffee shop and sustain injuries, there are a number of factors that could impact your right to recover fair compensation.

First and foremost is the evidence you have to prove that you fell and the reason for the fall itself. Where you can, it is vital to get photos of a spill or object lying on the floor and contact information for any witnesses. Although some stores have security cameras which capture the fall and the reason for it, unscrupulous owners could erase the recording and try to clean up the mess before you can document it yourself. Smart phones are great for capturing photos of spills and other hazards, or you can buy a disposable camera at the store and take pictures that way.

Under the Ontario Occupiers’ Liability Act, owners and employees who work under them have a legal duty to take reasonable care to ensure that persons and property entering the store are safe. That includes the need to perform such simple tasks as putting up “Wet Floor” signs, cleaning up spills as quickly as possible, and checking the premises regularly to ensure they are safe.

Many stores will keep records of employees’ walk-throughs of the premises, where they note clean floors, the absence of obstructions, etc. These are often referred to as “sweep logs” and can be very harmful to a claim for compensation unless there is some other record to show that the owner or employees were in fact not careful. Such helpful evidence includes a photo of a large spill that looks as if it has been there for some time, or security video showing when the spill arose and that no employee has seen it or done anything about it for a long time.

Remember, a store owner or employee is only expected to take “reasonable” care to prevent hazards that could cause injury. A person may have a hard time getting compensation if a spill happens a second before their fall, because the store’s employees cannot possibly act quick enough to prevent it.

Many stores will interview injured customers and create an “Incident Report”. These can often be self-serving for the store if an injured customer is not careful to list all of his or her complaints right away, or to leave answers open-ended so that a store’s insurer can’t rely on the list as a complete list of injuries later (i.e. It is better to say “So far, only my back is hurting, but I’m still kind of in shock” rather than “I think I’m okay”). You should insist on seeing, correcting and obtaining a copy of the Incident Report before leaving the store.

It is also helpful to ask for immediate medical assistance if you are clearly injured or, at the very least, to go see your doctor within a day. Too many injury claims are frustrated by people who are too embarrassed and don’t want to make a fuss until they realize, much later, how badly hurt they really are and can’t easily explain the gap in time between a fall and seeking any medical attention.

In short, if you fall in a store and injure yourself, it is important not only to obtain as much evidence as you can, such as photographs and witness information, but also to immediately seek medical attention and then contact a competent and experienced lawyer who will notify the store, ensure that security camera evidence and store records are preserved and not tampered with, and speak with anybody with knowledge of the incident while it is still fresh in their minds.

Our firm has decades of experience in this any other areas and will handle your claim with the utmost competency and professionalism to maximize your recovery. Learn more about how a lawyer can get you the compensation and medical care you deserve.

At Himelfarb Proszanski, we build winning cases.

That’s the HimPro Advantage™. For more information, visit our slip and fall lawyer section. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.

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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What They Say About Us

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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