How to Claim If You Fall Over on Snow & Ice
How to Claim for Slipping and Falling in Shopping Malls
Although they might appear minor at first, a slip and fall can have serious consequences if it happens to the wrong person. Unfortunately, many of these falls happen in what might appear the safest of places, including shopping malls. If you have experienced a slip and fall in a mall and have suffered injuries as a result, find out what you can do to seek the compensation that will help you recover below.
Slip & Fall Injuries
Falling over is normally a minor and sometimes embarrassing incident that happens to us all at some point in our busy lives. However, for some people, a slip and fall can have life-changing consequences that often mean a trip to the emergency room and needing time off work.
The type of injury sustained from a slip and fall varies widely depending on your health, age and the nature of the fall. Common injuries may include:
- Broken bones or fractures (commonly arm, hip or wrist fractures)
- Head injuries
- Soft tissue injuries (such as sprains or tendon tears)
- Spinal cord injuries
Some of these injuries can be minor and need basic medical treatment while others can put people out of work for an extended period of time, cause chronic pain, and require invasive treatment like surgery. That’s why many slip and fall victims rightfully choose to make a claim.
Why Do They Happen in Malls?
Unfortunately, malls are hotspots for slip and fall injuries and the injuries can be particularly harmful to vulnerable groups such as the elderly, the disabled, and pregnant women. Falls happen due to a number of reasons, such as:
- Escalator breakdowns
- High footfall
- Litter on floors
- Poor cleaning practices (e.g., lack of signage)
- Poor winter preparation (e.g., lack of matting)
Most slip and fall injuries happen in malls because an area was improperly cleaned or there was no visible signage indicating a wet floor. During winter months this is more common as high footfall causes snowmelt from boots and winter clothing to form puddles outside of busy entry and exit points.
Filing a Slip & Fall Claim
There are several key important things to consider when filing for a slip and fall claim:
- Where you fell in the mall (stores, food courts, bathrooms)
- The owner of the area where you fell
- Any appropriate signage in place at the time of the fall
- Did mall management conduct and maintain sweep logs
- Your actions before falling (e.g., walking sensibly or running)
- Your reason for being in the mall (work, customer, contractor)
The answers to these points will help a personal injury lawyer determine the validity of your claim and help you gather and present evidence that will demonstrate your right to compensation.
Evidence plays a significant role in getting you financial compensation from a slip and fall. It will be used to demonstrate you were the victim of an event that could have otherwise been avoided without the owner’s negligence. You can collect evidence such as medical test reports and doctor’s notes that show the severity of the injury. Other sources of evidence might be eyewitness statements and surveillance footage, which is standard in open spaces like malls.
It is worth noting that mall or store owners have skilled insurers by their side that will seek to demonstrate your negligence in the injury and deny you compensation. For example, they might use contrary evidence to show you were acting unsafely or that you assumed responsibility for the fall. This is why a personal injury lawyer can make a difference in how successful your claim is as they are able to put forward the best argument and advocate on your behalf.
While you might presume slip and fall claims are all complex court cases, many are handled well before they reach court if you have support from a personal injury lawyer. If the insurer is convinced you have enough evidence and does not want to pursue the case further, you will receive compensation known as a settlement. Your personal injury lawyer will help you decide whether this amount is appropriate for your injury or if the case deserves being taken further.
Slip & Fall Lawyer in Toronto & Etobicoke
A successful slip and fall claim starts with help from the right personal injury lawyer. If you have been injured from a slip and fall injury and need guidance on making your claim or would like to have a skilled professional represent you, contact our personal injury lawyers in Toronto and Etobicoke here at Ristich Law.
To learn more about how we handle slip and fall cases for our clients in Toronto and Etobicoke, see our slip and fall accidents page for more information. To get started with your claim, contact our lawyers today – we are here to listen, support and advocate for you on your journey to recovery.
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