Did you recently slip and fall on someone else’s property in Hamilton, Ontario? If so, you may be entitled to compensation for your resulting injuries and losses. Findlay Personal Injury Lawyers can help you seek a full financial recovery for your damages.
We established our law firm in 1981 to pursue justice for injured people. In that time, we’ve recovered over $100 million in settlements and court awards. Our Hamilton slip and fall accident lawyers are here to fight for your rights and obtain the compensation you deserve.
Let us put our 92+ years of combined experience to work for you. Contact our law firm or call our law office at 866-720-3839 in Hamilton, ON, to arrange a time for a free consultation today.
How Can Findlay Personal Injury Lawyers Assist After a Slip and Fall Accident in Hamilton, ON?
A slip and fall accident case tends to involve complex issues. Who is the liable party? What if they promptly repair the hazard that caused your fall? How do you prove negligence?
That’s where having a skilled Hamilton personal injury lawyer can make all the difference. We have the resources and experience to build your case and hold the negligent party fully accountable for your losses.
The legal team at Findlay Personal Injury Lawyers can help with your slip and fall case by:
- Promptly investigating what caused your fall to preserve evidence
- Identifying every party who shares liability
- Developing a customized case strategy
- Assessing your damages
- Timely filing all claims
- Negotiating with at-fault parties and their insurers
- Representing you in court proceedings if necessary
Waiting too long to take legal action could significantly weaken your claim – or you may miss crucial filing deadlines. Avoid these and other mistakes by contacting our law office as soon as possible. We offer a free, no-risk consultation with an experienced slip and fall accident lawyer in Hamilton, Ontario.
Overview of Slip and Fall Accident Law in Ontario
Under the Occupiers’ Liability Act, an occupier owes certain duties to people who enter their premises. They must keep the property reasonably safe to avoid causing harm to visitors. What is deemed “reasonable” depends entirely on the facts and circumstances.
For example, a property owner may have an obligation to regularly inspect the premises in the winter to ensure it is cleared of snow and ice. Or, a manager may have a duty to warn customers of a broken floor tile by roping off the damaged area.
Determining whether an occupier is liable requires an in-depth examination of whether they breached their duty of care under the given situation.
Under the Act, an “occupier” can include a person with physical possession of the premises or one who has control over:
- The condition of the premises;
- The activities conducted on the premises; or
- People who are allowed to enter the property.
Accordingly, you may have a slip and fall claim against a premises owner, manager, landlord, tenant, contractor, or any other individual who controls the property in some way. If you fall in a public area, such as a sidewalk or federal building, a municipality or government entity may be liable for your injuries.
Canada Slip and Fall Accident Statistics
Data from the Canadian Institute for Health Information indicates that accidental falls are the most common reason for annual emergency department (ED) visits and hospitalizations. Nearly one-third of all visits to the ED are for injuries suffered after falls.
Approximately 67% of falls result from slips and trips, and the remaining occur due to falls from heights.
Over 42,000 Canadian workers are hurt in slips, trips, and falls annually.
What Causes Most Slip and Fall Accidents?
If you slip and fall on a slippery surface, you lose your footing and fall backward. By contrast, in a trip and fall accident, your foot typically gets caught by an object, causing you to fall forward.
For example, you could slip on an oil spill in a garage, or you could trip on fallen merchandise in a store.
Some common causes of slips, trips, and falls include:
- Slick or wet floors
- Icy steps or walkways
- Broken or missing handrails
- Loose or torn carpeting
- Uneven flooring or sidewalks
- Cluttered walkways
- Insufficient lighting
- Potholes in parking lots
- Slippery surfaces
- Loose wiring or cables
You may have a valid personal injury claim if an unreasonably dangerous condition caused you to fall and suffer injuries. Call our experienced Hamilton lawyers to discuss the specifics of your case.
What Is the Value of My Hamilton Slip and Fall Accident Claim?
Every slip and fall case presents a new set of facts. Accordingly, there is no “standard” amount you can expect to receive.
Instead, we’ll evaluate the following factors to determine the value of your Hamilton personal injury case:
- The extent of your injuries
- Whether you’re expected to make a full recovery
- Your medical costs and other injury-related expenses
- The value of your lost wages
- Whether you can return to your normal work duties
- Whether you share any blame for your fall
- The physical and emotional suffering you’ve endured
- The identity of the at-fault party and their available insurance coverage
Our slip and fall lawyers in Hamilton will assess your damages and pursue a full and fair financial recovery.
What Compensation Is Available After a Slip and Fall Accident in Hamilton, Ontario?
Under Ontario law, Hamilton slip and fall accident victims may be entitled to compensation for their pecuniary and non-pecuniary losses.
Pecuniary damages are financial costs and losses resulting from the slip and fall incident, including:
- Medical bills for emergency services, a hospital stay, and treatment
- Future medical expenses
- Physical therapy
- Lost income and benefits
- Reduced earning potential
- Out-of-pocket expenses
Non-pecuniary damages are the intangible effects of your slip and fall accident injuries, including:
- Diminished enjoyment of life
- Pain and suffering
- Damage to your personal relationships
- Emotional distress
- Permanent disability
Contact Findlay Personal Injury Lawyers for help identifying and calculating your slip and fall damages. We’ll leave no stone unturned when pursuing compensation on your behalf.
Can I Receive Compensation If I’m Partially To Blame For My Slip and Fall Accident in Ontario?
If you share fault for your slip and fall accident in Hamilton, Ontario’s contributory negligence law will apply to your case. Under this statute, you can recover compensation, but you’ll receive a reduced payout to account for your percentage of responsibility.
For example, if you are deemed 30% at fault for a slip and fall, your compensation will be reduced by 30% – meaning the opposing party will only be liable for 70% of your damages.
At-fault parties often use contributory negligence to limit their financial obligations. Contact our Hamilton slip and fall lawyers if you’re being blamed for the accident. We’ll attempt to minimize the share of responsibility allocated to you.
Common Slip and Fall Accident Injuries
Injuries caused by falls can vary significantly in severity. An injury sustained in a fall from a roof is likely to be much more severe than one suffered by tripping on an obstacle in the park.
Additionally, the victim’s age and health can affect the impact of a fall. For example, older adults are at a heightened risk of shattering multiple bones in a fall compared to younger people.
Our experienced slip and fall lawyers help victims who have sustained:
- Back injuries
- Neck injuries, including whiplash
- Injuries to the wrists and hands
- Facial injuries
- Spinal cord injuries, including paralysis
- Knee injuries
- Severe brain injuries
- Concussions
- Nerve damage
- Fractures and broken bones
- Amputations
- Soft tissue injuries
- Internal organ damage
Extreme falls, such as falls from heights, can result in catastrophic injuries and even death. If you lost a loved one in a fatal fall, we can help you and your family with a wrongful death claim.
How Long Do I Have to File a Slip and Fall Accident Claim in Ontario?
The deadline to file a slip and fall accident claim in Hamilton depends on the facts of your case. You generally have two years to file a personal injury lawsuit under the Limitations Act. However, you may need to adhere to certain procedural requirements before the second anniversary of your slip and fall accident.
For example:
- If your case is against a municipality, you must serve a written notice of your claim within ten days of your slip and fall accident.
- If your accident occurred on commercial or private property due to snow or ice, you must serve a written notice of your claim within 60 days of the incident.
Failing to meet these deadlines could prevent you from recovering compensation for your slip and fall injuries. Contact our experienced personal injury lawyers to get the process started and preserve your rights.
Schedule a Free Initial Consultation With Our Experienced Hamilton Slip and Fall Accident Lawyers
If you were injured in a slip and fall in Hamilton, Ontario, Findlay Personal Injury Lawyers is here to assist with every aspect of your claim. We’ll take on aggressive insurance companies and protect your right to full compensation under provincial law. Contact our Hamilton slip and fall accident lawyers today for a free case evaluation.
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