When Can I Sue after a Slip and Fall Injury?

Slip and fall accidents are very common. They can occur for a variety of reasons, and they have the potential to result in serious injuries requiring costly medical bills and a length recovery time.

If you've been injured in a slip and fall accident, it's possible that you may be entitled to file a lawsuit to recover compensation for your damages. However, it's important to understand that these cases can be very difficult to prove, and you'll need the help of an experienced lawyer to ensure your rights are protected.

Criteria for a Valid Slip and Fall Claim

Slip and fall accidents are covered under premises liability law, which governs cases associated with injuries occurring on another person's property. Under premises liability law, all property owners are legally required to maintain safe conditions for guests who are visiting their property. When they fail to do so, the negligent property owner may be held liable for any damages associated with the injuries sustained as part of the slip and fall accident.

In order to have a valid slip and fall claim, you must be able to prove the following:

• A dangerous condition existed which caused your injury, and the property owner should have been aware of the hazard and adequately warned guests on the property
• The property owner failed to take the necessary steps to correct the dangerous condition
• The property owner caused the hazardous condition

Often, it can be very difficult to prove these criteria. It can be challenging to prove that the property owner should have known about the dangerous condition or that the property owner had enough time after discovering the hazard to reasonably be able to fix it. In addition, your actions will be taken into account. If the judge and jury determine you acted carelessly and contributed to the accident, this may impact your ability to recover compensation for damages.

Contributory Negligence

Ontario adheres to the doctrine of contributory negligence. This means that if you are found to be partially responsible for the accident, your damages will be reduced by your percentage of fault. For example, if you are found to be 25% at fault for the slip and fall accident, you may only be able to recover 75% of the total damages you suffered.

Due to these contributory negligence laws, it's crucial that you work with an experienced lawyer who can demonstrate the accident was caused by the negligent actions of the property owner.

Did You Suffer Monetary Damages?

You aren't entitled to recover compensation simply because the property owner was negligent. You must also have suffered monetary damages as a result of the accident.

Some slip and fall accidents only result in minor injuries that don't require medical attention. While these accidents may be embarrassing, a bruised ego isn't sufficient to warrant compensation. However, if you suffered a more serious injury such as a broken bone or a spinal cord injury which requires medical treatment, you may be entitled to recover compensation for these medical expenses along with lost wages and in some instances, pain and suffering.

Contact our Hamilton Slip and Fall Lawyers

At Findlay Personal Injury Lawyers, we have over 35 years of experience fighting for the rights of slip and fall accident victims in the Hamilton area. We know the laws that apply to these complex cases and we can help you prove negligence. Our lawyers will fight aggressively to help you recover the compensation you deserve.

Please contact Findlay Personal Injury Lawyers using the form on this page or call 905-522-9799 today to schedule a free consultation. We serve clients in Hamilton, Brantford, Stoney Creek, Niagara Falls and the surrounding areas of Ontario.