Since 2003, our Hamilton slip and fall lawyers have represented victims who have suffered serious injuries on residential or commercial properties. These injuries were caused because the properties were either in a state of disrepair or otherwise unsafe due to the owner’s failure to clean and maintain the property reasonably.
Indoor slips and falls can pose significant dangers in Ontario, as they can lead to serious injuries such as fractures, sprains, brain injuries, and other more serious outcomes. Factors contributing to indoor slips and falls include wet or uneven flooring, poor lighting, and walkway obstacles.
In the winter months, the risk of slipping and falling indoors can be heightened due to snow and ice being tracked into buildings. Property owners and occupiers in Ontario have a legal obligation under the Occupiers’ Liability Act to take reasonable steps to ensure the safety of people entering their premises. Failure to do so can result in liability for injuries sustained due to a slip and fall accident. Individuals must also be aware of their surroundings and take necessary precautions to prevent slips and falls, such as wearing proper footwear and paying attention to warning signs.
Slipping and falling outdoors in Hamilton or anywhere in Ontario can be particularly hazardous due to various environmental factors. During the winter, ice and snow can create slippery conditions on sidewalks, parking lots, and other outdoor surfaces. This can lead to an increased risk of Hamilton slip and fall cases, and increase the severity of injuries such as fractures, sprains, and head trauma.
Rain, loose gravel, and uneven pavement can pose dangers even in warmer weather. Property owners and municipal governments in Hamilton and Ontario have a duty to maintain outdoor public spaces in a reasonably safe condition, and failure to do so can result in liability for accidents and injuries.
It is crucial for individuals to exercise caution when navigating outdoor spaces, particularly in inclement weather, and to take preventative measures such as wearing appropriate footwear and paying attention to their surroundings.
If you have been hurt in a slip-and-fall accident in Hamilton or elsewhere in Ontario, you have rights. Our Hamilton slip-and-fall lawyers have recovered over $60 million in compensation for injured slip-and-fall victims in Hamilton and throughout Ontario.
If you’ve been hurt in a slip and fall accident, call us today, no matter where you are in Ontario at 1-844-LALANDE or local in the Southern Ontario region at 905-333-8888. Alternatively, you can send us a confidential email through our website – and we would be happy to explain your legal options to you at no cost.
Our Hamilton slip and fall lawyers have seen various slip and fall injuries throughout the years, some much more serious than others. Many things can result from a fall, but some of the more common injuries we see include:
Did you know that slips and falls account for 87 % of all fractures in people over 65? Slip and fall injuries are often the cause of shoulder trauma (fractures and dislocations), patella (knee) fractures, tibial plateau fractures, hip fractures, wrists and ankles.
Ankle fractures, such as bimalleolar or trimalleolar fractures, which refer to three-part ankle fractures involving the medial malleolus, the posterior aspect of the tibial plafond, and the lateral malleolus, are tremendously common. Because they have three parts, this type of fracture is more unstable and often involves ligamentous injury.
Other types of common slip and fall fractures are:
Traumatic spinal cord injuries, as a result of slips and falls, have consistently increased over the last four decades in Canada and the US. Generally, falls cause about 31% of traumatic spinal cord injuries in Canada.
Slipping, tripping, and stumbling are the most common causes, followed by falls from roofs, stairs, steps, and ladders. People over 61 years old have the uppermost frequency of falls from slipping, but it can happen to anyone.
Slips and falls are one of the most common causes of head trauma and traumatic brain injury and pose an especially serious risk for older adults. Brain injuries from slips and falls are also a major cause of disability and death in Canada.
Serious brain injuries can cause a variety of issues, sometimes simultaneously. Some of these symptoms include:
NBIA.ca has reported that the annual occurrence of traumatic brain injury in Canada is 44 times more common than spinal cord injury and 30 times more common than breast cancer. Traumatic brain injury occurs at a rate of 500 out of 100,000 individuals yearly in Canada.
Brain injury has also been reported as the leading cause of death and disability in Canada for victims under the age of 40. More than 30% of traumatic brain injuries are suffered by kids and youth – and are a leading cause of death and disability among children.
Ruptured tendons are often the result of direct trauma from slips and falls. Common causes of tendon ruptures are Achilles tendon injuries, rotator cuff tendon injuries, and bicep tendon ruptures or tears.
Ligament tears occur when ligaments around a particular joint tear away from the bone. While they can occur in various places, the most common types of torn ligaments are knee and ankle ligaments.
If you or a loved one has suffered life-changing injuries in a slip and fall accident, it is important that you contact a Hamilton slip and fall lawyer today to learn your rights.
Knee fractures caused by slip and fall accidents can be severe and have long-lasting consequences. When a person slips and falls, the knee can be subjected to extreme force or an awkward twisting motion that exceeds the strength of the bone, resulting in a fracture.
The most common types of knee fractures from falls are patella fractures and distal femur fractures. These injuries can cause significant pain, swelling, and loss of function in the knee joint. Treatment for knee fractures typically involves immobilization of the joint, followed by physical therapy. Surgery may sometimes be required to repair the fracture and properly heal the knee.
Ankle fractures are a common result of slip and fall accidents, with the sheer force of the fall causing bones in the ankle to break. Two types of ankle fractures are most common as they typically occur from a twisting or rotating ankle motion.
First, bimalleolar fractures involve breaks in two of the three main bones of the ankle joint, the tibia and fibula. Secondly, trimalleolar fractures involve breaks in all three of these bones. These types of fractures are typically caused by a twisting or rotating injury to the ankle, such as one that occurs during a slip and fall.
Symptoms of an ankle fracture can include severe pain, swelling, bruising, and an inability to bear weight on the affected leg. Treatment typically involves immobilizing the ankle joint with a cast or splint, followed by physical therapy to restore strength and mobility.
In some cases, surgery may be necessary to repair the fracture. While recovery is often possible, it can take several weeks to several months, depending on the severity of the fracture and the treatment required.
Property owners in Ontario, also called “occupiers” of properties, have a reasonable duty to keep their premises safe for visitors.
This means that property owners are required by law to implement procedural safeguards and take reasonable action to make their premises reasonably safe for visitors.
For example, the law imposes an affirmative duty of reasonable care on property owners to keep their parking lots safe. Allowing asphalt to fall into a state of disrepair, full of potholes and divots, is not promoting positive safety and leads to many Hamilton slip and fall cases.
It is easy for someone to roll their ankle in the winter, for potholes and divots to freeze over, and for slippery conditions to develop. Some type of procedural safeguard must be put into place—such as a system of inspection to monitor the premises on a regular basis. This would ensure that divots and potholes are spotted early and properly rectified, ice can be salted, etc.
Similar problems can arise when a person slips and falls indoors. Questions may develop as to whether the property is in a state of disrepair or if there is a maintenance issue. When a premises floor falls into a state of disrepair, it means that it has not been adequately maintained and has deteriorated to the point where it may be unsafe or pose a hazard to individuals who use it.
This can be due to various factors, such as wear and tear over time, exposure to water or other damaging substances, or lack of regular cleaning and maintenance. Signs that a floor is in disrepair may include trip ledges, cracks, holes, uneven surfaces, loose or missing tiles, and other forms of visible damage, which can increase the probability of slips and falls.
Slip and fall accidents can happen anywhere, but there are certain places where they are more likely to occur.
Common places where slip and fall accidents typically happen include:
In an Ontario slip-and-fall case, the standard of care for residential or commercial occupiers is reasonableness, not perfection. An occupier is required to take all reasonable steps to minimize the risk of injury to its visitors. To meet this standard, occupiers must tailor their preventative measures to the particular circumstances that could give rise to dangerous situations.
The word reasonable is not as easy to define as one would think. Reasonable care has been defined by our Courts over the years in many different ways. Generally, the definition points to the fact that an occupier must have some type of procedural safeguard in place, which it follows, to protect visitors from harm.
Some examples of property owners, occupiers, or managers exercising their duty of reasonable care include:
None of these things guarantee that an individual won’t slip, fall, or injure themselves on the property, but care like this significantly reduces the risk. If property owners and managers take steps like these, they not only reduce the risk of injury to their patrons and visitors, but they also go a long way in protecting themselves from liability.
Our Hamilton slip and fall lawyers have been representing victims injured in slip and fall accidents since 2003. Over the years, we have helped slip and fall victims recover damages in slip and falls caused by:
If you have suffered a serious injury in a slip-and-fall accident, call our Hamilton slip-and-fall lawyers at 905-333-8888 or submit an online enquiry, and we will respond promptly.
You may be reading this because you wonder if you have a slip-and-fall case. The answer depends on several factors, but in many situations, the answer is yes, and you could be entitled to compensation.
We consider the following factors to determine whether or not you have a potential case:
First, the accident must have occurred due to someone else’s negligence, such as a property owner or manager or commercial/retail worker failing to maintain safe conditions. Common examples include slippery floors without proper warning signs, poor or lack of lighting in stairwells, decks or porches that should have been repaired, damaged stairs, potholes, pavement cracks or uneven terrain that should have been repaired.
Second, you must have suffered injuries as a result of the fall, which can range from bruises and sprains to more severe consequences like broken bones or head trauma. You may be entitled to compensation if you required medical treatment, missed work, or experienced pain and suffering because of the accident.
If you are unsure whether you have a case, our Hamilton slip and fall lawyers offer free consultations, during which they can assess the specific details of your situation and advise you on the best course of action.
In Ontario, the limitation to sue is two years unless you have slipped and fallen on snow or ice. If this is the case, it is vital that you speak to a Hamilton slip-and-fall lawyer. Although you have two years, you should also make sure that you have the property parties on notice within 60 days.
Our Hamilton slip and fall lawyers are often asked about compensation—or “What is the value of my case?” However, this question is very difficult to answer.
It is challenging to accurately evaluate or estimate what a slip-and-fall case is worth until well into your injury claim or lawsuit. Often, it’s not clear until you have reached maximum medical recovery.
Our Hamilton slip and fall lawyers are experienced at properly evaluating an injury, and we are dedicated to obtaining the maximum compensation for you and your family. However, we do not believe it is possible to resolve serious cases, especially orthopedic cases or cases involving children, without a full investigation and medical-legal opinion.
To help our clients recover the maximum compensation possible, we prefer to have medical experts provide a prognosis on how your injuries will affect you in the future. At that point, we are in a much better position to advise you what your slip and fall case is worth.
Additionally, evaluating your claim or estimating the value of your case is difficult if you or your loved one suffered a loss of income. With many slip-and-fall cases, there is a past loss of income to be calculated from the date of the accident or injury to the settlement date.
Then, future income losses are calculated from the settlement date or judgment until your estimated retirement date. Often, actuaries and accountants are required to calculate these numbers to be as precise as possible, especially if there are pension and benefit losses. All of this cannot be calculated without your injuries reaching maximum medical recovery.
Equally important is calculating your future needs, health requirements, and assistive devices if you were seriously hurt in the fall. We frequently engage the services of an occupational therapist to assist us with determining the future cost of your care. An actuary or accountant would then provide a precise calculation of the value of what you need for your recovery and beyond from a medical and rehabilitative perspective.
Once we have adequate information, our Hamilton slip-and-fall lawyers will present your case in a persuasive and professional way with the appropriate medical professionals, experts, accountants, and occupational therapists. Additional factors important to determining your compensation include the severity of your injury, your medical treatment, the permanency of your injury or disfigurement, the amount of your lost wages, and how much insurance coverage is available under policy limits.
While slip-and-fall accidents can occur on both municipal and private property, there are some key differences in how these cases are handled legally in Ontario.
If you slip and fall on municipal property, such as a sidewalk, road, or park, you will need to notify the municipality of your intention to sue within 10 days of the accident. This is a strict deadline under the Municipal Act, 2001. If you miss this 10-day window, you may lose your right to sue, even if you were seriously injured.
When suing a municipality, you must also prove that the city failed to meet the standards set out in the Municipal Act for maintaining their property. This can be more challenging than proving negligence against a private property owner.
Our Hamilton slip and fall lawyers are familiar with the requirements for cases like these, and know what to expect at every step of the process. If you’ve been injured on municipal property, do not hesitate to contact our Hamilton slip and fall lawyers for prompt legal advice and guidance.
For slip and fall accidents on private property, such as in a store, office building or apartment complex, you generally have the standard two years from the date of the accident to start your lawsuit. While this is a longer time frame than for municipal cases, it is still important to consult with a lawyer promptly to ensure your rights are protected.
Although it takes time to fully determine your damages and estimate what you may be entitled to, it’s crucial to document everything from the start. Your Hamilton slip and fall lawyer will help you with this, ensuring you don’t miss any important documents, information, or medical records.
To succeed in a claim against a private property owner, you must prove they failed to meet the standard of care required under the Occupiers’ Liability Act. This means demonstrating that the owner failed to take reasonable steps to keep their property safe.
Regardless of where your slip and fall accident occurred, these cases can be complex. Fault is often contested, and insurers will look for ways to minimize payouts. Having an experienced Hamilton slip and fall lawyer on your side is crucial for gathering evidence, dealing with insurance companies and maximizing your compensation. If you have been injured in a slip and fall accident in Hamilton, call us today for a free consultation to discuss your legal options.
“How do I hire a slip-and-fall lawyer near me?” is a very common question. Most of our clients who are hospitalized first contact us when they are still in the hospital. Searching for a Hamilton slip and fall lawyer can feel daunting and overwhelming, but there are a few things that can make your search easier.
Here are five tips on hiring a Hamilton slip-and-fall lawyer after you’ve suffered serious injuries caused by an occupier’s negligence:
To build a strong case, it’s crucial to gather evidence that demonstrates the property owner’s negligence and how it directly contributed to your injuries. One of the most valuable pieces of evidence is photographic documentation of the hazard that caused your fall, such as a broken step, uneven pavement, or a wet floor without proper signage.
If possible, have someone take photos of the scene as soon as possible after the accident, ensuring that the images clearly depict the dangerous condition.
Witness statements can also play a vital role in proving negligence. If anyone saw your slip and fall accident, ask for their contact information and if they’d be willing to provide a statement about what they observed. Your Hamilton slip and fall lawyer can assist you in reaching out to witnesses and documenting their accounts, which can help corroborate your version of events and strengthen your claim.
Medical records are another essential piece of evidence in a slip-and-fall case. Always seek medical attention immediately after your accident, even if you believe your injuries are minor. This not only ensures that you receive proper treatment but also creates a paper trail linking your injuries to the slip and fall incident. Keep detailed records of all medical appointments, treatments, and expenses related to your accident, as these documents will be crucial in demonstrating the extent of your damages.
In some cases, expert witnesses may be necessary to prove negligence in a slip-and-fall claim. For example, an engineer or safety expert can assess the conditions of the property and provide testimony about how the hazard violated safety standards or building codes. Your Hamilton slip and fall lawyer can help determine if expert witnesses would benefit your case and connect you with the appropriate professionals.
Remember, the burden of proof in a slip-and-fall case lies with the injured party, meaning it’s up to you and your legal team to demonstrate the property owner’s negligence. By gathering strong evidence and working closely with an experienced Hamilton slip-and-fall lawyer, you can build a compelling case and fight for the compensation you deserve. Don’t hesitate to reach out for help during this challenging time. You don’t have to navigate the legal process alone.
Lalande Personal Injury Lawyers has extensive experience in litigating slip-and-fall cases in Ontario. If you were a visitor on someone else’s property and were hurt, you may have a right to file a personal lawsuit. This includes your neighbour’s driveway, a parking lot, a roadway, an airport, or anywhere else.
Lalande Personal Injury Lawyers are Hamilton slip-and-fall lawyers who understand that trying to recover compensation from an insurance company in a slip-and-fall case can be complex, confusing, and exasperating for victims and their families. We also understand that many people have never dealt with a personal injury lawyer before.
Our Hamilton slip-and-fall lawyers make it easy. We encourage inquiries, and we will thoroughly discuss your legal options with you. There is no cost to contact our Hamilton law firm, as our consultations are free, without obligation, and confidential.
Our lawyers are flexible and can arrange a consultation at a convenient time for you and your family—and we are happy to answer any questions you may have. Call us no matter where you are in Ontario at 1-844-LALANDE, or local in Southern Ontario at 905-333-8888. Alternatively, you can send us a confidential inquiry through our website, and our intake specialist will be more than happy to set up a time to discuss your case.
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If you’ve had a slip and fall accident in Hamilton, first seek medical attention. Document the scene, gather witness information, and report the incident to the property owner or manager. Contact a slip and fall lawyer to discuss your legal options. Remember – photos, photos and more photos.
In Ontario, the statute of limitations for filing a slip and fall claim is typically two years from the date of the accident. It’s crucial to act promptly to preserve your right to seek compensation.
You must notify the city clerk’s office about your fall within 10 days of the incident. There is no exception. If you need help doing this, call us.
You NEED to get the contractor or parties involved on notice within 60 days. There is NO exception. If you need help doing this, call us.
Property owners or occupiers in Hamilton are generally responsible for maintaining safe premises. If a slip and fall occurs due to their negligence, such as failure to repair a hazard, they may be liable for your injuries.
In Hamilton, Ontario, homeowners are required by bylaw to clear snow and ice from sidewalks adjacent to their property within 24 hours after a snowfall to ensure safe pedestrian access. Failure to comply can result in liability against the homeowner.
You may be entitled to economic and non-economic compensation, compensation for medical expenses, lost wages, pain and suffering, and other related costs resulting from a slip and fall accident in Hamilton. An experienced personal injury lawyer can help evaluate your claims.
I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.
