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Slip and fall accidents can happen any day to nearly anyone—but who’s fault is it? Our lawyers are here to help you understand contributory negligence in slip and fall cases and whether you have grounds for a successful claim.
We all grow up learning how to walk on our own two feet, but from the time we are children, we know how it feels to fall. And while most of the time we walk away from falls unscathed, we’re only one slip and fall away from a serious injury that can take us off our feet for days, weeks, months, or even indefinitely.
The Canadian Institute for Health Information reports that falls make up around 40% of all injury-related hospital admissions, making them Canada’s most common cause of hospitalization.
What are the essential elements of a negligence lawsuit?
In Ontario, a successful case hinges on the legal concept of negligence—if you can prove another party is at fault for your injury, you have the right to claim any financial damages related to your mounting medical bills, pain and suffering, lost compensation, and more.
But which four elements are established when negligence arises?
At The Morris Law Group, our personal injury lawyers have seen it all when it comes to slip and fall. Read on to learn about the specifics of contributory negligence slip and fall in Ontario and how to determine if you have a solid case to move forward.
The Four Key Components of Negligence in Ontario
What must a plaintiff prove to establish negligence?
Under Ontario law, there are four pillars that hold up the concept of negligence. If victims hope to win negligence slip and fall settlements, they must demonstrate the presence of these elements during the incident.
What are the four elements required for a negligence lawsuit?
- Damages. You need physical, emotional, and financial damages to be entitled to a settlement. These damages could include your medical bills and treatment expenses, lost wages and compensation, pain and suffering, and assistive devices or modifications required for your home.
- Duty of Care. A property owner is responsible for keeping people safe within reason while they’re on the premises. If they don’t maintain their sidewalks or parking lots, for example, they’re failing in that responsibility.
- Breach of Duty. When an owner or occupier fails in their duty and fails to prevent an accident, they’re liable for it. Common breaches include failing to address a hazard, failing to warn visitors of the hazard, and creating a hazard.
- Causation. The owner’s breach of duty must be the direct cause of your slip and fall accident—no link, no negligence.
Negligence is a catch-all term for fault, but there are many different ways it can come into play.
Gross negligence refers to extreme recklessness beyond the usual negligence, while vicarious negligence holds one person liable for another’s actions, like an employer being found negligent for an employee’s actions.
Contributory negligence means if the plaintiff held any fault in the accident, they were legally barred from suing. It’s no longer legally relevant in Ontario. It has been replaced by comparative negligence, where fault is separated by degrees—if the plaintiff is 10% “at fault” for the accident, they only recover 90% of their total costs based on the owner’s share of the blame.
The Standard of Care: Proving Negligence in Slip & Fall Accidents
Most slip and fall lawsuit settlement amounts in Canada range between $10,000 and $400,000+, but the average slip and fall settlement amounts in Ontario sit closer to $20,000. Most property owners and occupiers will try to fight against your claim to defend themselves and avoid costly liability.
The standard of care isn’t always black and white, so proving negligence can be complex. Let’s dig into the standard of care so you can understand how it ties into your potential case.
- Property Type & Usage. A private property has a lower standard of care than a public property, like a grocery store or public library. In a building with much higher foot traffic, for example, cleaning and warning about spills is generally held to a higher standard.
- Foreseeable Risk. If the risk was reasonably foreseeable, it’s on the property owner to move to address it in a timely manner.
- Visitor Demographics. Owners must consider the type of people using their property, with stricter standards held in spaces where children, seniors, and other physically vulnerable people spend their time.
- Prevention Costs. The standard of care centres around reason. If implementing a safety measure is reasonable from a cost perspective, it becomes an owner’s duty to do so. But if risk prevention requires extraordinary or highly expensive measures, owners may not be negligent if an accident happens.
- Regular Inspections. Property owners must regularly inspect all premises to find and deal with growing hazards quickly. They must perform any repairs in a timely manner. Where hazards can’t be addressed immediately, warning signs and barriers must be placed to warn and prevent visitor injuries.
Can I sue for a slip and fall accident?
Proving negligence will be crucial if you hope to win a slip and fall case, so you’ll need evidence to back up your claim. You’ll need witness statements, expert opinions, visual evidence via photos or videos, medical records, police reports, and accident specialists to show how negligence came into play and caused serious injury or damage.
A legal case isn’t something to pursue on your own. Consult with an experienced and trustworthy slip and fall lawyer who can fully investigate your situation and determine if you have a viable case. They can also negotiate with your insurance company and escalate your case to court if necessary. With a strong legal advocate on your side, you set yourself up for a better outcome.
The Morris Law Group—Slip and Fall Lawyer Near Me
If you’ve been seriously hurt or injured in a slip and fall accident in Ontario, our expert lawyers are ready to help. We’ll review your slip and fall case, assess your damages, help you with the next steps, and advocate for your rights. Request a free consultation or call us at 905-526-8080 to learn more.
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