Slip-and-fall Claims on Commercial Properties: Proving Liability

Commercial property owners are responsible for making sure their properties are safe. Occupiers are held to a standard of reasonableness. 

This means they need to take sensible steps to prevent accidents. They should fix problems quickly and warn people about potential dangers. But how do you prove they did not do enough if you get hurt? 

Understanding Duty of Care

Property owners must ensure their premises are properly and regularly maintained. Maintenance includes the following:

• Cleaning
• Repairing items as soon as possible
• Posting signs that alert people of possible dangers 

Property owners also owe a duty of care to whoever enters or uses their premises. This involves keeping the property in a safe condition and removing hazards and risks. Some circumstances covered by the duty of care include the following:

• Wet floor
• Floor that is uneven
• Bad lighting 
• Objects that may cause a person to slip

Showing the Owner Knew About the Hazard

Who are you able to sue if you slip and fall on a commercial property? To establish negligence, you must prove the property knew of or should have known the risk. It is quite difficult to do this, but that does not mean you should give up and suffer alone. 

Filing a claim may turn out to be an excellent decision. There are several ways to prove the owner was at fault, including the following:

• Actual Knowledge: They knew about the hazard.
• Constructive Knowledge: The hazard was there long enough that the owner should have found and fixed it.
• Creation of Hazard: The owner or employees caused the dangerous condition.

Gathering Evidence

Evidence is important in slip-and-fall claims. Without it, it is almost impossible to prove negligence. The following are some key types of evidence:

• Photos
• Witness statements
• Video footage
• Medical records
• Incident Reports

For example, property owners should know how slippery floors are before buying flooring products.

Common Defenses

Property owners might use several defenses to fight slip-and-fall claims. These defenses include the following:

• Comparative Negligence: Accusing the injured party of being partially to blame for the accident. 
• Assumption of Risk: Insisting the person saw the dangers and chose to take them anyway. 
• Lack of Notice: Saying they never knew about the dangers.

The Impact of State Laws

Each jurisdiction has specific rules about property liability. This can affect how a case turns out. For instance, some states use contributory negligence. If the person who fell is a bit at fault, they might not get any compensation. Other states use comparative negligence. This allows for partial compensation based on how much each party is at fault.

Ontario’s new slip-and-fall law drastically cuts reporting time. You now have 60 days for private property and just 10 days for municipal properties. Lawyers worry this might unfairly block valid claims.

Preventative Measures for Property Owners

Property owners should have good safety practices to minimize slip-and-fall accidents. Effective safety practices include: 

• Regular inspections 

• Prompt repairs 

• Clear signage

• Staff training 

• Record-keeping

Why You Need Legal Representation

Slip-and-fall cases are not always straightforward, but getting an experienced lawyer can make a big difference. These lawyers will dig up and collect evidence that can help your case. They will also deal with insurance companies on your behalf so you can focus on physical and emotional recovery.

If things get serious and you end up in court, you will be glad to have someone who knows how to navigate legal issues. They will be in your corner, fighting for the compensation you deserve.

Personal injury verdicts make big headlines. Most of the settlements are not made public and parties often settle out of court. That said, understanding possible settlements is crucial.

Steps to Take After Slip and Fall Incidents

Let’s say you slipped, fell, and sustained an injury in a Toronto, Ontario, property. What should you do? Here are some steps to take: 

• If possible, go to the hospital even if you do not think you were badly injured. 
• Inform the property owner or the manager of the accident. 
• Take pictures of the area where you fell and what led to the fall. 
• Take phone numbers or other means of contacting witnesses.
• Save all records and bills concerning medical treatment for your injury. 
• Do not let the property owner’s insurer record a statement without first speaking to an attorney. 
• Seek the services of an attorney with experience in slip-and-fall cases. 

The Role of Insurance

Businesses usually have insurance coverage for accidents like slips and falls. When you make a claim, their insurance company jumps in. They might offer a quick settlement, but it is often less than you need. Do not rush to take the first offer – ensure it covers all your expenses.

Remember, insurance adjusters work for the company, not you. Their goal is to pay less. This is where a lawyer can be helpful. They can negotiate with the insurance company and fight to get you a fair deal. It might take longer, but having legal help could mean getting fair compensation. 

Long-Term Effects of Slip-and-fall Accidents

Slip-and-fall accidents can have long-lasting effects. What looks like a minor injury at first could become a chronic problem. For example:

• A twisted ankle might cause ongoing balance issues or arthritis.
• A back injury could cause limited mobility and persistent pain.
• A head injury might result in long-term cognitive problems.

The Claims Process

Filing a slip-and-fall claim involves several steps:

• Take pictures, get witness info, and keep your medical records.
• Contact the property owner or their insurance company.
• Negotiating with the insurance company.
• Filing a lawsuit if a fair settlement is unreachable.
• Going through the discovery process, where both sides exchange information.
• Possibly going to mediation or arbitration to try to resolve the case.
• If necessary, going to trial.

This process can take months or even years. It often depends on the complexity and whether it goes to trial.

Wrapping Up: The Key to Slip-and-fall Claims

Winning a slip-and-fall case against a business is not a walk in the park. You have to prove the property owner dropped the ball on safety. You need evidence that the property owner knew about a hazard on the premises but did not bother to fix it.  

For any legal claim to be successful, one must ensure that they collate evidence and understand the defenses allowed in law. Having an experienced lawyer on your side can also help your slip-and-fall claim succeed. 

Sources:

• https://www.legalline.ca/legal-answers/slip-and-fall-who-can-you-sue/
• https://selfhelp.courts.ca.gov/civil-lawsuit/property-damage 
• https://www.federalregister.gov/documents/2024/01/22/2024-01081/petition-requesting-rulemaking-to-mandate-testing-and-labeling-regarding-slip-resistance-of-flooring 
• https://toronto.ctvnews.ca/new-ontario-law-will-allow-only-60-days-for-possible-slip-and-fall-claim-1.5265711
• https://www.forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts/
• https://www.medicalnewstoday.com/articles/when-should-i-worry-about-back-pain-after-a-fall

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