Slip and Fall Accident Lawyers in Toronto

Like any case, the answer is “it depends”. The chances of successfully resolving your claim will depend on various factors including: a determination on liability (who is responsible; the degree of liability may vary among different parties involved); the severity of the person’s injuries; their prognosis; their return to work; and more.

Generally speaking, if you slip and fall at work, your primary recourse may be through the Workplace Safety and Insurance Board (WSIB). However, dependent on the classification of your employer under the WSIB Employer Classification Manual, you may be able to “sue your employer” and start a personal injury claim against them. Where the slip and fall occurred; what your employer’s actions were, if any; and whether the incident occurred during the course of your employment – will all be considered.

Under the Occupiers’ Liability Act, you can sue a store (and the employees, agents, etc.) for a slip and fall that occurred on that store’s premises. It is important to note that where you slip and fall on snow or ice on private property, you are required to provide written notice to the property owner within 60 days of the incident.

Yes, you can sue for a slip and fall accident. Who you sue will depend on where the slip and fall occurred and which party would be deemed responsible for the premises/location where it occurred. Where the slip and fall occurs on private property, the owner or occupier of that property is likely the party/parties that would be named defendant(s). Where the slip and fall occurs on a sidewalk or roadway, it is typically the relevant municipality that would be named (different from when a slip and fall occurs on provincial property). It is important to note that different, strict notice requirements apply in each of these instances.

Yes, home insurance covers slip and falls (with the most common example being where the slip and fall occurs on someone’s property).

Most personal injury lawyers operate on the same basis for slip and fall cases, as they do for any other personal injury claim. That is, slip and fall lawyers in Ontario usually get involved on a contingency fee basis which simply means that the lawyer only gets paid a portion of any settlement/judgment upon the successful resolution of your slip and fall case.

It depends. In any slip and fall case, plaintiffs tend to advance claims for damages in three main heads of damages: general damages (pain and suffering); past and future income loss; and past and future treatment needs. It should be noted that unlike in motor vehicle accident claims, general damages are not subject to the same statutory deductibles but OHIP has the right to recovery as well, as part of your claim.

The most important thing to do when injured is to seek appropriate medical help. Ideally, and not often at the forefront of an injured person’s mind, when injured in a slip and fall accident the injured person should try to: take photographs of where the incident occurred (showing what they slipped on, the presence of signage/a lack thereof), fill out an incident report, if applicable, and ask for a copy of the report; request a copy of any video footage of the fall (or request that the video footage be preserved); take notes detailing the incident (i.e. where, when, how); take down the names/contact information of any witnesses to the fall; and retain any damaged clothing. Most importantly, the injured person should reach out to a qualified personal injury lawyer to determine what they may be legally entitled to do, to meet any notice requirements, and to preserve any limitation periods.

If you have serious injuries as a result of your slip and fall accident, it is important to reach out to a qualified personal injury lawyer that can help you navigate the complex legal system and obtain for you a favourable result.

It depends. Personal injury actions can often take approximately three to five years to ever reach a trial. Where the case is more complex, it may take even longer than that. It more straightforward cases, the matter may settle at a more preliminary stage of the litigation (or even at pre-litigation, prior to starting the lawsuit).

At Thomson Rogers LLP, we have been helping people since 1935. Our team is comprised of knowledgeable, compassionate lawyers that are strong advocates.