Category: Slip and Fall

Imagine slipping and falling on the property of someone else. The results are quite unpleasant – you’ve broken your hand and you suffered a serious blow to your head. You spend a few days at a hospital and then you are prevented from working with the same efficiency, hence – salary cutbacks. Can you go after the owner of the premise that you slipped on to recover compensation? This is a very important question and we need to examine the slip and fall institute more closely.

Basics of negligence

There are a few things that you need to do in order to conveniently win a case of slip and fall. You need to make sure that you’ve proven the negligence of the property owner. There are different things that you have to account for but in general, the negligence actually means that the owner of the premise has failed to exercise the reasonable amount of care or he has done something wrong.

Just because you have slipped and fallen on a premise owned by a third party, this doesn’t really mean that the latter was negligent. And, on the other hand, just because the property might have been in a condition that’s unsafe, it doesn’t really mean that the owner was negligent.

Law and the burden of proof

One of the things that you would have to take into account is the institute of the comparative negligence. This has to do with whether or not the injured person was actually negligent in regard with the accident. It is called comparative because when the evidence is weighed in, it would stack the negligence of the owner and the one of the claimant as well.

This is a defense which is actually established by the defendant. To put it in other words, the person who is actually being sued is required to show that the claimant was negligent as well. The plaintiff himself does not need to prove whether or not he was negligent. This means that the burden or the onus of proof when it comes to comparative negligence is on the defendant.

In other words, this is a defense technique. This is why it is important to rely on professional injury lawyers in Stouffville, who have the necessary experience when it comes to handling personal injury claims. This is going to ensure that you get the proper legal representation, should you be on the defendant’s position. This might save you quite a lot of money when it comes to it. This is also going to ensure that you receive an appropriate defense and that your rights are properly defended – this is of serious importance and you should most definitely account for it.

Slip & fall cases are a large portion of the overall personal injury claims in the province of Ontario. The reason for this is because they are common and are dangerous. The legislation in the matter is also pretty transparent and it stipulates clear responsibility in this regard. The piece of regulatory provisions that’s designated to govern this area is called the Occupier’s Liability Act and it has been in full force over the province of Ontario since 1990, when it was enacted. It’s impressive and definitely worth mentioning that it hasn’t been changed or amended ever since. This means that the legislative authority has without a doubt managed to foresee the legal tendencies and the social approach towards such cases. (more…)

While there are quite a few things that you might take into account when it comes to personal injury law, the onus of proof is without a doubt one of the most important ones. This is something which would determine the party who would have to prove the fault and establish damages. Proving negligence is obviously one of the most important things but there is a lot more to it than just that. This is why it is quite beneficial for you to take advantage of the services of a professional lawyer. (more…)

You are casually walking home throughout the heavy winter when you suddenly slip and fall. This results in a broken arm alongside a few other bruises and injuries. The shock of the whole thing is tremendous, the pain is horrible and you are stuck there freezing, waiting for the medical help to come. This is quite overwhelming and it is only logical and natural that you are capable of receiving the compensation that you are legally entitled to. (more…)

How do you know if you have a claim to file if you have accidentally slipped and fell in a store or some other type of commercial facility? Who would you be directing your claim towards? These are some of the questions which need to be regarded particularly serious in order to ensure that everything is handled as per the highest industry standards. (more…)