In Canada, slip and fall accidents are happing more often than before. You can even apply for slip and fall settlements for your damages. The government has taken several steps to make it countable for each citizen to get compensated for the losses they get due to such accidents.
But actually, slipping and falling shouldn’t be laughable- slips and falls can result in serious injuries. And it doesn’t matter where you fall; the liable person or organization should be held accountable for the situation.
Slip and Fall Settlements: When and How To Get Settlements
Law has developed the principles applicable in the case of a fall, causing bodily injury.
These principles can be summarized as follows:
- The owner of the premises is not the insurer of pedestrians;
- The victim must prove the fault of the owner;
- The owner has an obligation to maintain the premises in a safe manner;
- The owner does not have to foresee all eventualities. But he must exercise reasonable care to prevent those which are normally foreseeable.
We will illustrate some frequent cases of falls causing bodily injury:
Fall on a Snowy Sidewalk in Winter
To be entitled to recourse to the courts following a fall on a roadway or a sidewalk, the same three criteria of civil liability apply fault, damage, and causal link.
As an example, a woman fell on a snow-covered sidewalk after a storm and broke her ankle. The photographs taken at the time of the accident show the presence of a patch of black ice. Following the accident, the lady was on sick leave for several months and received physiotherapy.
Who is responsible for this misfortune? Is the city automatically accountable for this fall?
Not necessarily. Indeed, there is no presumption of fault with regard to cities and municipalities. The onus is on the claimant to prove the municipality’s negligence. That means it failed to take the necessary precautions to ensure the safety of pedestrians.
Fall on a Slippery Floor Without Warning
There are several ways to prove fault if you have fallen on a dirty or slippery floor.
A common example: the owner of a building who fails to put a carpet at the entrance to avoid water accumulation. The Court can recognize the owner’s responsibility, which failed to install a carpet at its entrance. Because this defect constituted a risk of danger and, consequently, a fault for the users’ safety.
Fall Due to a Trap in the Roadway
If you have stumbled on a damaged road with holes, this may constitute a trap within the meaning of the law. The trap is defined as being the presence of a state of abnormality, surprise, or danger.
Cities have an obligation to maintain their pavements in order to make them safe properly. However, the courts have ruled that they cannot be expected to be a standard of perfection.
Contact Red Deer Slip and Fall Lawyers if you have suffered a fall on a poorly maintained sidewalk to bring an action against the city.
Fall in the Parking Lot of a Store
To get compensation for falling in a store or the parking lot, it is not enough only to prove a fall. It is necessary to prove that the owner committed a fault by failing to maintain the premises properly. Indeed, the owner must keep his premises in a safe state and maintain it. So, the people who have to use it can circulate there in safety.
How to Obtain Full Compensation for Your Losses after A Fall With The Help Of A Specialized Lawyer?
Most often, insurance contracts covering victims in the event of a fall provide for very limited compensation. So it is necessary to seek a third party’s liability, which will allow full compensation for your damage.
We can therefore seek the civil liability of:
- A shopping center (abnormal position of an object causing the fall, unreported walking, etc.) or
- Administrative liability (lack of maintenance of a public structure or presence of work on the unmarked road).
- And more.
This search for the responsibility of a third party requires a special lawyer like Injury Lawyer Red Deer. He will carefully examine your file and assess the relevance of such action. If necessary, he will assist you at all stages of compensation.
The consequences of a fall are serious.The victim of such an accident has the right to obtain compensation for his injuries, which can be numerous. You are entitled to get wage compensation.
Moral damages, such as pain, mental suffering, and loss of enjoyment of life, can be significant and compensable.While justice can take a long time, slip and fall settlements you are entitled to can make a big difference in the quality of your life.