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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 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, 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 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 must 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.
You have rights if you have been hurt in a slip-and-fall accident in Hamilton or elsewhere in Ontario. Our Hamilton slip-and-fall lawyers have recovered over $45 Million in compensation for injured 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 will happily explain your legal options to you at no cost.
What are Some of the More Common Slip and Fall Injuries?
Our Hamilton slip and fall lawyers have seen various injuries, some much more serious than others. Many things can result from a fall, but some of the more common injuries we see include:
Serious Fractures and Broken Bones
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 fracture type is more unstable and often involves ligamentous injury.
Other types of common slip and fall fractures are:
- Hip fractures
- Pelvis fractures
- Femur fractures
- Vertebrae fractures
- Humerus fractures
- Hand fractures
- Forearm fractures
- Leg fractures
- Ankle fractures
Spinal Cord Injuries
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.
Brain Injuries (TBI)
Slips and falls are one of the most common causes of head trauma and traumatic brain injury and pose a severe risk for older adults. Brain injuries from slips and falls are also a significant cause of disability and death in Canada.
Serious brain injuries can cause a variety of issues, sometimes simultaneously. Some of these symptoms include:
- Brain bleeds and seizures
- Forgetfulness
- Confusion
- Disorientation
- Speech impediments
- Blurred vision
- Mood swings
- Changes in behaviour
- Word-finding difficulties
- Difficulty speaking
- Increased distractibility
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.
Torn Ligaments and Tendons
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 joint tear away from the bone. While they can occur in various places, the most common torn ligaments are those around the knee and ankle.
If you or a loved one has suffered life-changing injuries in a slip and fall accident, you must contact a Hamilton slip and fall lawyer today to learn your rights.
Knee Fractures
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 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 joint immobilization, followed by physical therapy. Surgery may sometimes be required to repair the fracture and properly heal the knee.
Ankle Fractures
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, and they typically occur from a twisting or rotating ankle motion.
First, bimalleolar fractures involve breaks in two of the three prominent 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.
Experience Matters
A few of our recent result are noted below. Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases. The information below are examples of Matt Lalande’s cases that he has settled or tried to verdict over his career and is for informational purposes only.
View More Case ResultsProperty Owners Must Keep Their Premises Reasonably Safe
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 disrepair, full of potholes and divots, does not promote favourable 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 procedural safeguards must be implemented—such as a system of inspection to monitor the premises regularly. This would ensure 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 about whether the property is in disrepair or has 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 visible damage, increasing the probability of slips and falls.
Where do Slips and Falls Typically Happen?
Slip and fall accidents can happen anywhere, but they are more likely to occur in certain places.
Common places where slip and fall accidents typically happen include:
- Wet or Slippery Floors: Spills, freshly mopped or waxed floors, or floors wet from rain or snow can be extremely slippery and commonly cause slip-and-fall accidents.
- Uneven Surfaces: Uneven pavement, sidewalks, or flooring can cause people to trip and fall.
- Stairs and Escalators: Stairs and escalators in poor condition or lacking proper handrails can be dangerous.
- Parking Lots and Sidewalks: Cracked, uneven, or icy parking lots and sidewalks are common places for slip-and-fall accidents.
- Retail Stores: Retail stores can be prone to slip and fall accidents due to spills, cluttered aisles, and merchandise on the floor.
- Residential Properties: Poor lighting, uneven flooring, and lack of proper handrails can contribute to falls in homes and apartment buildings.
- Commercial Properties: This includes airports, shopping malls, retail plazas, restaurants, wholesale clubs, stadiums, arenas, nursing homes, home improvement stores, hotels, convenience stores, playgrounds, and parks.
What is the Standard of Care in a Slip and Fall Case?
In an Ontario slip-and-fall case, the standard of care for residential or commercial occupiers is reasonableness, not perfection. An occupier must 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 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 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:
- Regularly inspecting the premises: Property owners or their designated staff routinely check for potential hazards such as uneven surfaces, loose floorboards, or torn carpeting and promptly address any issues found.
- Maintaining proper lighting: Ensuring all areas, including walkways, staircases, and parking lots, are well-lit to help people navigate safely and spot potential hazards.
- Cleaning up spills promptly: Immediately clean up any spills or leaks and place warning signs to alert people of the potential slip hazard until the area is dry.
- Using slip-resistant materials: Installing slip-resistant flooring, mats, or treads in areas prone to wetness, such as entrances, bathrooms, and kitchens.
- Providing handrails and guardrails: Installing sturdy handrails on staircases, guardrails, elevated platforms or balconies to prevent falls.
- Displaying warning signs: Placing visible warning signs alerts people of potential hazards, such as wet floors, uneven surfaces, or ongoing construction.
- Removing obstacles: Clearing walkways, aisles, and staircases of obstructions or clutter that could cause someone to trip is essential.
- Maintaining proper snow and ice removal: Clear snow and ice from walkways, parking lots, and entrances regularly during winter and apply salt or sand for added traction.
- Repairing damaged surfaces: Promptly fixing any cracks, holes, or uneven surfaces on sidewalks, parking lots, or floors to eliminate tripping hazards.
- Providing adequate staff training: Training employees to identify and report potential hazards and follow proper cleaning and maintenance protocols to prevent slip-and-fall accidents.
None 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 reduce the risk of injury to their patrons and visitors and protect themselves from liability.
What Causes Slip and Fall Accidents?
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:
- Grocery store sprinklers or misters
- Customers squishing water out of commercial entrance mats
- Customers trampling snow and water in a store
- Uneven trip ledges
- Uneven pavement
- Injuries caused in parking lots
- Potholes
- Potholes that are frozen over
- Potholes that are frozen over and covered with “snow dusting.”
- Cracked pavement
- Uneven asphalt
- Uneven stairs
- Bad lighting
- Trip and falls in apartment complexes
- Uneven ground
- Unexpected elevation changes
- Surface cracks or gaps
- Loose carpet
- Cables or cords
- And more
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.
Do I Have a Slip and Fall Case?
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, 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 restored.
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 from the accident.
If you are unsure whether you have a case, our Hamilton slip and fall lawyers offer free consultations. During these consultations, they can assess the specific details of your situation and advise you on the best course of action.
How Long do I Have to Sue in a Slip and Fall Case?
In Ontario, sue is limited to two years unless you have slipped and fallen on snow or ice. If this is the case, you must speak to a Hamilton slip-and-fall lawyer. Although you have two years, you should also ensure the property parties are on notice within 60 days.
What Compensation Can I Claim in a Slip and Fall Case?
Our Hamilton slip and fall lawyers are often asked about compensation—or “What is the value of my case?” However, this question is complicated 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 injuries and are dedicated to obtaining the maximum compensation for you and your family. However, we do not believe resolving serious cases, especially orthopedic cases or cases involving children, is possible without a full investigation and medical-legal opinion.
To help our clients recover the maximum compensation possible, we prefer medical experts to provide a prognosis of how your injuries will affect you. 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 revenue 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. Actuaries and accountants are often required to calculate these numbers to be as precise as possible, especially if there are pension and benefit losses. 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 use the services of an occupational therapist to assist us in determining the future cost of your care. An actuary or accountant would then precisely calculate 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 persuasively and professionally present your case to the appropriate medical professionals, experts, accountants, and occupational therapists. Additional factors essential 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.
Slip and Fall Accidents on Municipal Property vs. Private Property
While slip-and-fall accidents can occur on municipal and private property, there are some key differences in how these cases are handled legally in Ontario.
Municipal Property
If you slip and fall on municipal property, such as a sidewalk, road, or park, you must 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.
Private Property
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 accident date to start your lawsuit. While this is a longer time frame than municipal cases, consulting with a lawyer promptly to protect your rights is still important.
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 could not take reasonable steps to keep their property safe.
These cases can be complex regardless of where your slip-and-fall accident occurred. The fault is often contested, and insurers will look for ways to minimize payouts. An experienced Hamilton slip-and-fall lawyer is crucial for gathering evidence, dealing with insurance companies and maximizing 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 Hamilton Slip and Fall Lawyer Near Me?
“How do I hire a slip-and-fall lawyer near me?” is a common question. Most of our hospitalized clients first contact us when they are still hospitalized. Searching for a Hamilton slip-and-fall lawyer can feel daunting and overwhelming, but a few things 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:
- Begin your search online: While recovering in the hospital, use your smartphone or tablet to start your search for a reputable slip and fall lawyer. Enter phrases like “slip and fall lawyer [your city]” or “serious injury lawyer near me” into Google. The search results will typically display a map with local law firms, followed by a “local pack” featuring three top-rated firms, and then organic search results. Pay close attention to the addresses and locations mentioned in these results to ensure you’re finding lawyers in your immediate area. Use Google’s location filter to narrow your search further if needed. Focus on informative, professional websites that demonstrate expertise in serious injury cases rather than flashy advertisements. Look for lawyers who emphasize their local knowledge and connections, as they’re often well-suited for slip-and-fall cases in your jurisdiction.
- Seek recommendations: Ask your social worker, healthcare providers, friends, or family members if they know of reputable slip-and-fall lawyers. Personal referrals can often lead to trustworthy legal representation. If possible, have a family member contact your local law society for referrals to qualified lawyers specializing in serious injury cases.
- Review qualifications and experience: Examine the lawyers’ profiles on their websites or professional directories. Look for their educational background, years of experience, and any specific expertise in handling serious injury cases. Pay attention to lawyers who are members of respected legal associations and have a proven track record of success in slip-and-fall cases.
- Initiate contact: Many law firms offer free initial consultations and may be willing to visit you in the hospital. Have a family member call on your behalf to arrange this. During this meeting, assess the lawyer’s communication style, empathy, and understanding of your situation. Don’t hesitate to ask about their experience with cases similar to yours and their approach to client care.
- Discuss how your case will be managed: Given your hospitalization, inquire about how the lawyer will manage your case and keep you informed. Ask about their availability, preferred methods of communication, and how they’ll handle necessary paperwork while you’re recovering. A good lawyer will accommodate your current situation and be willing to adapt their processes to ensure you’re comfortable and well-informed throughout the legal proceedings.
Proving Negligence: What Evidence Does a Hamilton Slip and Fall Lawyer Need in a Slip and Fall Case?
It is crucial to build a strong case to gather evidence demonstrating 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 immediately after the accident, ensuring that the images 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 ensures you receive proper treatment and 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 property’s conditions and testify 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.
Contact our Hamilton Slip-and-Fall Lawyers Today for a Free Consultation
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 many people have never dealt with a personal injury lawyer.
At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.
Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.
Hamilton Slip and Fall Lawyer FAQ
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.