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Personal Injury Lawyers

2926 Dundas St. West, Toronto, Ontario, M6P 1Y8

1 877 678 SETTLED1 877 678 SETTLED

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 contactors, 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.

Applying the law to your circumstances can be challenging. We can help.

News

Sep 28, 2010

Fall victim’s lawsuit upheld by Court of Appeal

Toronto’s back alleys and laneways must be cleared of snow, a Court of Appeal panel has ruled. To view the entire article, click here.

Sep 28, 2010

City called “grossly negligent” for not clearing snow from laneway

The City of Toronto’s legal battle to avoid removing ice and snow from busy laneways has so far cost taxpayers at least $300,000… To r...

"Alan Preyra came highly recommended to me. I hired Alan to represent me in a slip and fall accident. I was very upset when the accident happened. When I went to see him, he immediately put me at ease. He was always polite, and returned my calls or emails, and if he could not, one of his law clerks did. And in a timely fashion. No serious case is settled within months. I knew it would take a long time. Whenever I contacted him to find out where the situation was at he ALWAYS got back to me and answered any question I had. He, and his team, were very courteous, professional and compassionate. He asked me to be patient and to trust him. I was patient and I completely trusted him AND he made it worthwhile for me. I have absolutely nothing negative to say about Alan. I would happily recommend or refer anyone to him and I will! THANK YOU ALAN!"

Annie S.

“The lawyers at BP continuously provided the utmost in support and knowledge during our process. Knowing that we had an experienced, caring, and trustworthy team made a world of difference”

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Important Dates

Personal Injury claims have different time limits so it is important to get legal advice if you wish to claim compensation.

Learn More
  • 7 days
    Inform the accident benefits insurance company
  • 30 days
    You must complete and send the Accident Benefits application
    within 30 days
  • 120 days
    You need to give written notice of your intention to sue
  • 2 years
    To commence a lawsuit

At Bergmanis Preyra LLP, Personal Injury Lawyers, you find Canada’s finest personal injury lawyers – experienced, effective, and on your side.

We provide legal care to individuals and their families who have suffered serious personal injury. Our team of dedicated and experienced staff is committed to working with you every step of the way, to ensure you receive the best legal care while on your path to recovery. Call us toll-free for a free consultation concerning you or your loved one’s personal injury.

Map to Bergmanis Preyra LLPContact Us

2926 Dundas St. West,
Toronto, Ontario,
M6P 1Y8

contact@bplawyers.ca       
416 256 1700