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Slip-and-fall season is approaching

On Behalf of | Oct 18, 2021 | Slip & Fall Accidents |

If you suffer an injury on another person’s property, you may have questions about the viability of a claim to recover damages. Such incidents are prevalent in the winter due to snow and ice on walkways. Homeowners and/or tenants might face civil lawsuits if someone is injured due to their negligence to maintain reasonable safety.

Common causes of slip-and-fall accidents

Guests, delivery people, babysitters, repair workers and other lawful visitors to another’s property could encounter any of the following slip-and-fall hazards:

  • Walking surfaces covered with ice or snow and disregard of bylaw time frames
  • Slippery, wet tiles and other types of flooring without non-slip covering or warnings
  • Cracks, gaps, potholes or unexpected changes in elevation on walking surfaces
  • Slippery debris and wet leaves on walking paths
  • Loose or missing handrails on stairs
  • Inadequate lighting

Property owner or tenant’s liability

Property owners and/or tenants are responsible for maintaining the property in compliance with reasonable safety standards. The property owner is also responsible for the safety of people attending a garage or yard sale. Failure to maintain a safe property would make the property owner or tenant financially responsible for damages.

Factors the court will consider

When a slip-and-fall victim files a personal injury lawsuit against a property owner, the court will consider the following aspects of the case:

  • How foreseeable was the danger?
  • Was the property owner’s conduct in compliance with acceptable standards?
  • How long had the danger existed before the plaintiff was injured?
  • Would it have been easy to prevent the danger?

Premises liability is a complicated field of the law. Victims of slip-and-fall accidents that resulted from the homeowner’s negligence could file a personal injury lawsuit. If it is successfully navigated, an Ontario civil court will likely award monetary damages to cover losses such as medical expenses, lost wages and more.

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