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Slip and Fall

If you are injured in a fall due to someone else’s negligence, you may be entitled to recover damages for your injuries.

However, it is important that you work with a knowledgeable personal injury lawyer who is experienced dealing with and understanding the law of occupiers’ liability, municipal law and related legislation and limitations associated with slips and falls.

There are many subtle nuances that apply to the law surrounding slip and fall accidents. If, for example, you fall on public property, you must give the municipality notice of your fall and identify other parties that may have created the unsafe condition including contractors, and adjacent homeowners. In claims against a municipality you must prove that the municipality was grossly negligent in its duty to maintain the area where you fell. While this might sound straightforward enough, there are circumstances where it isn’t. In the winter, for example, a City is not required to maintain all pathways. Furthermore, there are important notice and limitation periods that must be strictly adhered to.

If you slip and fall on ice while on a municipal sidewalk, you must report the claim to the City within 10 days; failure to do so may prevent you from making a claim. There is specific information which must be included in the notice, as well as requirements as to how that notice must be given to the municipality. Details like these that make it important to consult a personal injury lawyer immediately.

In all cases, you must initiate a claim within two years of you knowing or ought to have known that you suffered an injury in the fall or 2 years after you turn 18 years old, whichever is later.

In the case of injuries that occur on private property, the Occupier’s Liability Act states that the owner is responsible for ensuring the property is reasonably safe for anyone coming on to it. The issue of what is “reasonable” depends on the property and/or the nature of the business carried out on it. For example, a grocery business that has to worry about products like produce or dairy spilling on the floor will be required to monitor their floors more vigilantly than, say, a retail clothing store where the consequences of dropped merchandise is normally less dangerous.

In the event you are injured in a fall, try your best to do the following:

  • Take pictures of your injuries and of the area in which you fell, any warning signs, your shoes, and the object or surface that caused you to fall as soon as possible, before conditions change.
  • If there are surveillance cameras in the area of your fall ask the owner to save the footage and keep his or her name.
  • Create a point form account of exactly what happened, where it happened, weather conditions, your clothing including shoes.
  • If there are witnesses, get their names and contact information.
  • Ensure that you seek out medical assistance and follow your doctor’s advice.
  • Be careful using Facebook and other social media as your posts may be producible to the other side.

Our Practice Areas

Brain Injuries and Spinal Cord Injuries

A serious injury affects every area of your life and impacts your ability to care for yourself and your family.

Chronic Pain and Soft Tissue Injuries

We’re experienced at helping people who have experienced chronic pain/soft tissue injuries. If you or a loved one has suffered an injury of this kind, call us today.

Police Use of Force

Our personal injury lawyers are experienced at helping victims of excessive force either by police, security services or others.

Slip and Fall

If you are injured in a fall due to someone else’s negligence, you may be entitled to recover damages for your injuries.

Motor Vehicle Accidents

Motor vehicle accident law is a complicated process. Contact us for guidance on how to handle your claim.

Disability Claims

If you are getting ignored or mistreated by your benefits provider, we can help.

Product Liability

If you have been injured due to a defective or unsafe product, our personal injury lawyers are skilled at getting you the proper compensation for your injuries.

Boating and Recreational Accidents

Our personal injury lawyers can help you determine what steps to take if you have been in a boating/recreational accident and advise of what benefits may be available to you.

Medical and Case Management

Bergmanis Preyra has an extensive network of respected case managers, rehabilitation support professionals and a full time registered nurse available to assist in your treatment and recovery.