“Slip and fall Accident” is where a person suffers personal injuries at someone else’s property. Therefore primary duty of care of an Occupier of the property is to protect others from Slip and fall injuries. In Ontario, the Law is governed under the Occupiers’ Liability Act, R.S.O. 1990. The Courts have held that an occupier can escape liability as long as the occupier can establish that a Competent independent contractor was hired who completed his/her properly. Before filing a Claim against an Occupier it is important to review Occupiers’ Liability Act to ensure that your facts fall within the duties of an Occupier under the Occupiers’ Liability Act.
A slip, trip or fall can occur at any time anywhere on property that belongs to someone else. If you end up having a slip and fall on someone else’s property then you will be well within your right to file a lawsuit. Our Slip and Fall Lawyers Toronto will help you to file a successful claim and receive the compensation you rightly deserve. Our Personal Injury Lawyer Toronto We will also advise you if it would be more prudent to settle your claim without the need to bring in a Lawsuit. You can find our Personal Injury Lawyers in Toronto, Personal Injury Lawyer Mississauga, Personal Injury Lawyer Brampton, Personal Injury Lawyer Oakville.
If you have suffered slip and fall injuries while on someone else’s property you can sue the Occupier of the Property in Ontario under the Occupiers’ Liability Act, provided the following conditions are met
1. The Occupier is in physical possession of the premises
2. The Occupier has control over the conditions of the property.
3. The Occupier has control over the activities performed on the property.
4. The Occupier has control over who is allowed to enter the property.
Therefore it is important to note that a tenant will qualify as an occupier of his or her leased premises in the eyes of law. A tenant may also be considered an Occupier over adjoining premises even if it is not leased to him but the tenant has control over the adjoining premises. On the other hand, both landlord and tenant can be occupiers in the eyes of law if the same premises were shared as far the roles of care and control, and responsibilities to maintain and repair the property were joint.
Interestingly a property manager or independent contractor has been held to be an Occupier while doing repair or maintenance work on the property. Therefore the key ingredient for occupier’s liability is to identify who had control, responsibilities for access and maintenance.
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Slips and Falls – The Causes
Often, the main cause of slips and falls is a property that has been poorly maintained and is therefore in an unsatisfactory condition. Every property is under the ownership of an individual and so, it is down to them to take responsibility for the condition of the property. This means that should they fail to keep the property in a good state of repair, they are to blame should someone slip or fall while on their property, making it possible for them to file a lawsuit. If you have had a slip or fall and believe that you have the right to make a claim for your injury, you should get in touch with us today. We can help you to achieve the right result following your slip or fall and that can help you to make a full recovery.
Once you make contact with us to pursue a claim, we will consider every aspect of the incident. We will find out who owns the property, who manages the property and identify whether there is any negligence in the way that they dealt with identifying hazards and making people aware of the fact that they exist. If a property owner fails to deal with the issue of a hazard and that leads to injury, it means that a claim can be made against them.
There are many causes of slips and falls such as wet floors, ripped carpets, faulty or damaged floorboards, incorrect handrails, icy paths and damages sidewalks. This is not an exhaustive list of causes but it gives a general insight into the common causes.
Many people experience a slip or fall and find that they can walk away from the experience with no injuries or minor injuries. Unfortunately, this is not always the case and many slips or falls can result in terrible injuries such as spinal injuries and broken bones. This can cause long-term problems that make day-to-day living difficult and can prevent individuals from returning to work. In fact, the medication, the rehabilitation, and surgery, not to mention the psychological effects of an injury can all play a part in the way that someone lives their life. The pain and suffering can last for months and even years and so, it is crucial that you receive the right level of compensation.
You can Trust our Expertise
Following an injury, it is common for people to try to and make sense of what has happened. Understanding the extent of your injuries and coming to terms with how it affects your life can have serious implications for your well-being. Therefore, handling your claim alone will do you no good, so you should turn to us to help you handle your claim.
We are experts in this field and that means we can answer any questions you might have. Our ability to put together a case that works in your favor will help you to receive the compensation that you deserve. Following a slip or fall, if you are injured, then you should consider filing a claim as soon as possible. This is simply because the longer you leave it the more problems you might experience along the way, so talk to us about any concerns or issues you might have.
When you come to us with your concerns following a slip or fall, we will evaluate the situation. If you have evidence or proof that is linked to the accident then it is crucial that you have this with you and anything else that might be linked to the accident should be noted. This will enable us to have a greater understanding of the situation and what to expect when we do file a claim. Do not let a slip or fall in Toronto cause you unnecessary concern. Choose us to handle your claim because we can remove any stress and enable you to focus on making a full recovery.
Taking care of you
Our experts have the ability to take you through the whole process of making a claim and, if your case is taken to trial, we can then act as your legal representative. At Sheikh Law, we work for you and so, our team of experienced lawyers will carry out the necessary preparation for your claim and then do all they can to win you the compensation you are entitled to. We can also ensure that your employer respects your rights should you find yourself unable to return to work and so, we help to secure you financially.
Therefore, if you have been injured because of a slip or fall and you believe it is the fault of someone else, then you can rely on us. We care about your wellbeing and your financial status following an injury and so, we can ascertain from the very first time you contact us whether you have a case to take forward. Over time, we will build your case, using the correct documentation by collecting relevant evidence as well as a representation that is effective in every way.
There is only a fee if you win
At Sheikh Law, we do not charge upfront fees because we believe in doing what is right for you. Therefore, we only receive payment should your claim prove to be successful. When you choose to use Sheikh Law, we cover all costs until the date of settlement. As part of this, you will receive a high level of service and care along with the respect that you deserve. We are confident in our ability, and our experience of winning many claims makes us believe that we can get the result you deserve. What this means for you, is that if your case is not successful, you will not have to pay a thing.
So, if you have had a slip or a fall and feel that someone is at fault, get in touch with Sheikh Law immediately. It is important that you receive the compensation that you are entitled to. After all, the slip or fall was not your fault, so why should you suffer? Contact us today.