Slip And Falls In Public Spaces: What Are Your Legal Rights?

A slip and fall incident is unexpected and can occur in so many public spaces. For instance, you might be a victim of this type of incident in a store, a park, or even on a sidewalk – and they can lead to quite serious injuries.

When you know your legal rights in a slip and fall case, navigating this situation can be easier. In our article, our experienced lawyers at Ristich Law will share all you need to know about your legal rights and explore the question of who is responsible in such incidents.

Key Causes of Slips and Falls in Public Spaces

Uneven or cracked sidewalks can cause slips and falls in public spaces – but these aren’t the only factors. Slippery floors caused by weather elements like rain can lead to these incidents, as can ineffective lighting in a walkway or stairwell.

Snow and ice in severe weather or a lack of warning signs when there are hazards in public spaces could also contribute to a slip and fall.

Proving Liability: Who’s Responsible for the Incident?

In a situation like this, premises liability is key. The term refers to the fact that property owners need to be held responsible for the safety of their buildings. If an unsafe condition leads to someone’s injury, the owner may be legally responsible – they should maintain a safe environment or risk being found negligent.

It is also important to know that, in certain instances, a property occupier, someone with legal possession of the property might be different than the legal owner. It is important to obtain this information as the property occupier may also be at fault.

In addition, property managers and third party contractors such as maintenance companies, snow removal companies etc. might also be at fault.

In the context of proving negligence, a couple of questions may be asked during a case. Experienced lawyers may:

• Consider whether the responsible party failed to maintain the property
• Attempt to determine whether the hazards were left unaddressed
• Find out if the hazards were left for an unreasonable amount of time

The Legal Rights You Have Following a Slip and Fall in a Public Space

In this scenario, seeking compensation for your injury is one of your key legal rights. A couple of the compensation types you may seek include medical expenses and lost wages. And in this context, proving negligence and holding the responsible party accountable is key.

Proving negligence requires knowledge of specific laws that may be different in each context. So, if the incident took place on private property, laws such as the Occupiers’ Liability Act may apply. This states that the property owner could be liable if someone is injured on their property.

If the incident occurred on municipal property, other laws such as the Ontario Municipal Act 2001 may be applicable. The Municipal Act outlines the municipal responsibility for maintaining the municipal property infrastructure. There are important timelines that you must keep in mind if you’ve slipped and fallen on municipal property; you must provide written notice of your intention to bring a claim.

Steps to Immediately Take After a Slip and Fall Incident

Your first step should be documenting the scene when you find yourself in a slip and fall accident and incur injuries. You can do this by taking photos and videos, in which you might focus on the uneven flooring or show that there is no warning sign.

Seeking witness information should be your next step – you will need to collect their contact information and request statements from them. The statements should reveal what the witnesses saw take place.

You also need to seek medical attention so you can begin to recover and have access to a medical report. Even if the injury is minor, it’s important to seek medical treatment – reports of these injuries can back up your personal injury claim.

If you pay for medical care or have expenses related to your injury, make sure you keep the receipts. This can count as additional evidence that supports the compensation claims you make during your case.

It is important that you preserve your shoes or footwear following a slip and fall.

Challenges in Slip and Fall Cases

Proving the property owner didn’t uphold their duty of care is one challenge in slip and fall cases, but it’s an essential step. It involves showing evidence that a safe environment was not maintained on the property. With proof of negligence, you can proceed to claim just compensation for the incident.

Comparative negligence is an additional challenge. It involves ensuring the court finds that you’re not responsible for your own injury, perhaps due to improper footwear or another cause. Working with your lawyer, your goal should be to reduce legal liability if you are partially at fault for the incident.

You also need to keep in mind that there’s a limitation period for some specific legal claims. In Ontario, you will have 60 days to file a notice of a claim in a slip and fall incident involving ice or snow – you will need to inform the defendant in writing within 60 days of the incident.

How Lawyers Can Help You Protect Your Rights in Slip and Fall Cases

Support with gathering evidence is one way a local personal injury lawyer can help you protect your rights in this type of incident. For instance, they can help you obtain medical records and loss of income documentation in support of your personal injury case.

An experienced personal injury lawyer also has the legal knowledge to negotiate with insurance companies. They will ensure these companies don’t come up with a low-ball offer or, if needed, file a personal injury lawsuit to pursue just compensation. For this reason, it is critical to get professional support.

Navigate a Slip and Fall Case with the Right Support

It is always important to know your legal rights during a slip and fall case. This can help you navigate the situation more effectively. If you’re unclear about how to manage the situation, however, you don’t have to handle your case alone.

Ristich Law can support you if you have been involved in a slip and fall case. Contact us for a free consultation. Our personal injury law firm, with offices in Etobicoke, Toronto, Ottawa and Whitby, is here to help you get the justice and compensation you deserve.