Those who suffer slip and fall accidents in Ontario can have debilitating and permanent injuries that leave them unable to work. They might also be forced to pay huge hospital bills and finance the cost of extensive rehabilitative and physical therapy programs. However, victims of slip-and-fall accidents in some cases can obtain compensation if it is proven that another party was responsible for their injuries.
With slip-and-fall accidents, though, it is sometimes difficult to establish fault. Indeed, in some slip-and-fall accidents, no party is deemed to be liable for the event. For example, property owners cannot be held liable if a reasonable person could have avoided the obstacle that he or she tripped on.
Conversely, property owners — in many situations — can be held liable if they do not take reasonable action to keep their properties clear of dangerous conditions. In order to prevail in a claim that says a property owner neglected in these duties, claimants most show that property owner and/or his or her agents (1) should have known that dangerous conditions were present because any other reasonable person would have identified and fixed them; (2) knew about the dangers but failed to fix them; or (3) directly caused the dangerous conditions to exist in the first place.
Because the issue of liability can be delicate in an Ontario slip and fall accident case, victims of such accidents may want to consider the advice of an attorney before determining if they wish to pursue compensation. An experienced personal injury attorney will be able to answer questions about liability in slip-and-fall accidents.
Source: FindLaw, "Proving Fault in Slip and Fall Accidents" Sep. 04, 2014
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