Home > Slip and Fall > Understanding Premises Liability: Who’s Responsible After a Fall?

Understanding Premises Liability: Who’s Responsible After a Fall?

When winter weather quickly turns harsh, as it often does in Ontario, there tends to be a corresponding increase in slips and falls. Most incidents are minor, however, a considerable number of people are significantly injured every year from these accidents. This danger isn’t exclusive to colder seasons either, as, at any time of the year, a stumble can cause serious harm to an individual regardless of the weather.  

In these circumstances, the fault often lies with whoever is responsible for the property. This legal area of expertise is known as premises liability.

Where a Slip and Fall May Occur

Hazardous conditions can crop up on any property, including work sites, public spaces, and commercial facilities, meaning a slip and fall is possible almost anywhere. These types of incidents can also occur on private property. Common hazards that cause these accidents are uneven pavement or sidewalks, ice and snow, wet surfaces, low light areas, and unsafe or dilapidated stairs and handrails. If someone loses their footing for any one of these reasons,  the owner or maintainer of the property may be found responsible for their injuries.

Determining Responsibility

In the instance of a slip and fall, the individual may consider filing a lawsuit and hiring a personal injury lawyer to work on their case for compensation. The outcome of the case will depend on several factors. For example, if the defendant’s legal team can show a reasonable effort to mitigate the danger was demonstrably made, the degree of liability on the property owner or manager may be reduced or eliminated. In another instance,  the injured party may be proven to have been behaving in an unsafe manner, which could also reduce the defendant’s liability. An example of this situation would be if an individual was running in a noticeably icy area, as this places an increased degree of responsibility for the accident on themselves, even if the person responsible for the property was meant to salt the ice.

Working with a Personal Injury Lawyer

Even injuries that are suffered from minor accidents can have major consequences. A slip and fall can lead to several health issues that will have immediate and possibly lasting effects on the individual. If you have been involved in one of these accidents, ensure you receive medical attention as soon as possible to verify your injuries and begin the healing process. From there, you may decide that working with a personal injury lawyer is in your best interest. 

At Bergeron Clifford, our team is well equipped to handle these types of cases, having years of experience in personal injury law. Anyone who believes their injury is the result of someone else’s negligence should reach out to us. Our lawyers thoroughly understand premises liability in Ontario and may be able to help those who have been injured receive the compensation they deserve.

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

Insurance Tactics

This article, hosted by the American Association of Justice, shows us how some insurance companies unjustly deny claims, discriminate by credit score, delay payments until death, and employ other tactics to make sure they make the most profit as possible, […]

Bergeron Clifford Takes the Gold!

Bergeron Clifford is proud to support Kingston Literacy by participating in the 15th Annual Grate Groan Up Spelling Bee. The Bee took place on May 17th, 2009, at the Ambassador Hotel, which is a new venue for the event. Team […]