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Ottawa Slip and Fall Lawyers

If you or a loved one have suffered a serious injury as a result of a slip, trip or fall, you may be entitled to compensation. Ontario law requires that property owners and occupiers keep their premises safe for visitors and they may be responsible for injuries if they do not.

At SG Injury Law, our Ottawa slip and fall lawyers can help with your case. Contact us today for a free and confidential case evaluation.

Why Choose SG Injury Law?

Your Ottawa injury lawyer will help build your case, gathering the evidence and information which is needed to prove that the owner or occupier of the property failed to comply with their responsibilities. He or she will also work to prove the extent of your injuries and how these injuries have caused damages such as income loss, loss of ability to complete activities of daily life, and pain and suffering.

Sean Giovannetti is an experienced Ottawa slip and fall lawyer. While he only represents injury victims today, in the early part of his career, Sean acted for insurance companies, defending slip and fall claims. This experience has provided him with valuable insight which he will use to your advantage today, advancing your claim.

Establishing Liability in Ottawa Slip and Fall Accident Claims

Slip and fall injuries are a common occurrence in Ottawa and across Eastern Ontario, particularly during the winter. Many victims suffer serious, life-altering injuries that can result in severe levels of impairment.

In Ontario, the obligations of a property owner are governed by the Occupiers’ Liability law. This law requires owners and occupiers of property to take care that people entering their property are reasonably safe.

Under this law: A premises can have more than one occupier at one time and “occupier” includes:

An occupier must take reasonable steps to keep their property free of hazards, whether the danger is caused by the condition of the premises or by an activity that is carried on. If you were injured as a result of a dangerous condition on a property, such as a business or parking garage, the owner or occupier may be liable for the injuries you have incurred.

Common Causes of Slip and Fall Accidents in Ottawa

While slip and fall incidents have a reputation for being minor, the truth is that they can cause very serious injuries. A fall can cause severe head or brain injury, spinal cord injury, broken bones, ligament damage, and many other injuries.

Some of the more common causes of slip and fall accidents include:

These are only a few of the more common causes of slip and fall accidents in Ottawa. If you have been injured in another type of slip and fall accident that was not listed above, you may still have the right to financial compensation.

It is important to contact an experienced slip and fall lawyer in Ottawa to determine whether you are entitled to damages for the negligence of a property or business owner.

Ottawa Property Owner Liability Exclusions

It should be noted that the Occupiers’ Liability Law only requires property owners to ensure that their premises are reasonably safe for their invited guests and patrons. This means individuals who suffered injuries while committing a crime or trespassing may not have the right to compensation from the property owner.

Furthermore, in instances where the hazard in question may have been considered obvious to any other reasonable person, you may have a more difficult time proving that the property owner was negligent.

For example, if you slipped on a wet floor at a restaurant caused by a spilled beverage, but the restaurant placed a wet floor sign near the hazard, it is unlikely that you could recover compensation for your damages. This is because the restaurant took steps to warn guests and patrons of the dangerous conditions at that location.

Ontario’s Negligence Act states that sharing fault for your slip and fall accident injuries, or any other type of personal injury, does not prohibit you from recovering compensation. If you share responsibility for the injuries you sustain, your injury settlement will be reduced proportionally to your percentage of fault.

For example, if you slipped and fell due to uneven pavement, but the judge found your footwear to be inadequate for the snowy weather conditions, they might find you to be 20% liable for your injuries. Here, you could then expect your slip and fall accident settlement to be reduced by 20% to account for your portion of fault.

Ontario Limitations Period for Ottawa Slip and Fall Accidents

Under Ontario‘s Limitations Act, the general limitation period for personal injury and slip and fall accident claims is typically two years. However, while this deadline may seem straightforward, there are many factors that could impact the limitations period for your slip and fall accident claim.

In some cases, the statutory window to file a claim may be longer or shorter depending upon the facts of your case.

Accident victims should also be aware that a person who intends to bring an action for personal injury caused by snow or ice must serve written notice of this claim (by registered mail) on the Occupier and/or the independent maintenance contractor employed by the Occupier at the time of the Incident, within 60 days of the incident, subject to a few exceptions.

You can get the specific answers and clarity you are looking for, and avoid the fall out of the general limitations period expiring in your case, by getting a dedicated Ottawa slip and fall accident lawyer to advocate for your right to maximum compensation.

Damages Slip and Fall Accident Victims Can Recover

When a property owner’s negligence causes you significant injury or damages, you have the right to be repaid for every loss. There are various pecuniary and non-pecuniary damages you may be entitled to recover as part of your slip and fall accident claim.

Pecuniary damages describe your financial losses, while non-pecuniary damages encompass every other way your life has been affected by your injuries. Some of the more common types of slip and fall accident damages you could recover in your claim include:

It is more common than you might think for slip and fall accident victims to be surprised at how much their claims are worth. Find out how much you could be entitled to when you contact our office to discuss your injuries further.

Contact SG Injury Law – Ottawa’s Leading Slip and Fall Lawyers

When a property owner fails to uphold their duty of care, and you suffer critical injuries as a result of their negligence, you may be entitled to financial compensation. Meet with a dedicated Ottawa slip and fall lawyer at SG Injury Law to find out how to move forward with your claims.

Our firm is proud to offer free, no-obligation consultations to slip and fall injury victims across Ottawa and nearby cities. Take advantage of this opportunity when you fill out our online contact form or call our office at (613) 518-2416.

FAQ

What is considered a slip and fall accident under Ottawa law?

A slip and fall accident occurs when an individual slips, trips, or falls due to hazardous conditions on someone else’s property, leading to injury. Such incidents typically fall under occupiers’ liability law in Ottawa.

Who is liable for my injuries in a slip and fall accident?

Liability typically rests with the property owner or occupier who failed to maintain the premises in a safe condition. Fault could also be found against the company or contractor that was hired to perform snow and/or ice removal.  Determining fault depends on specific circumstances and adherence to the Occupiers’ Liability Act.

How do I prove negligence in a slip and fall claim?

To establish negligence, you must demonstrate that the property owner knew or should have known about the hazardous condition and failed to address it, directly causing your injury.

What should I do immediately after a slip and fall accident?

Seek medical attention promptly, document the scene with photographs, gather contact information from witnesses, report the incident to the property owner or manager and consult a personal injury lawyer.

How long do I have to file a slip and fall claim in Ottawa?

In Ontario, the general limitation period for filing a personal injury claim is two years from the date of the accident. However, specific circumstances may alter this timeframe.  There are also notice periods, such as a 60 notice period to inform the owner in writing, and a 10 day notice period for certain claims against a municipality.

How much compensation can I receive for my slip and fall injury?

Compensation varies based on factors like injury severity, treatment expenses, lost income, and pain and suffering. A personal injury lawyer can provide a tailored assessment.

What evidence is needed to strengthen my slip and fall claim?

Key evidence includes photographs of the hazard, medical records, witness statements, incident reports, and any maintenance logs or records indicating the property’s condition.

How long does it take to resolve a slip and fall case in Ottawa?

The duration varies; some cases settle within months, while others may take years, especially if they proceed to trial. Factors include case complexity and the parties’ reasonableness and willingness to negotiate.

How much does it cost to hire a slip and fall lawyer in Ottawa?

Many personal injury lawyers operate on a contingency fee basis, meaning you pay legal fees only if you receive compensation. It’s essential to discuss fee structures during your initial consultation.

Can I still file a claim if the slip and fall accident occurred on public property?

Yes, you can file a claim against a municipality or public entity. However, strict notice periods apply such as the requirement to provide a municipality written notice within 10 days of the incident.