Slip & Fall

Occupiers Liability and Slip & Fall
Occupiers Liability and Slip & Fall The Occupiers Liability Act is the statute that governs most claims arising out of accidents on properties in the Province of Ontario. This statute sets a standard of care that the landlord, owner or occupant of the property must follow to ensure that the property is safe and healthy for the occupant, visitor or guest.

When you slip and fall, you may be entitled to bring a claim against the occupier or owner of the property where it occurred. However you have a responsibility or onus to show that you have not only suffered damages from the fall or accident but that you also had that accident because of a breach of the standard of care of the occupier. You may be able to claim against any occupier, landlord or property owner whether it is the owner of the property, a company or business occupying the property for commerce, or a municipality or other government using or owning the property.

Municipalities or other government agencies will need a notice period. There is a seven day period from the date of the accident in which you must notify any municipality responsible with your slip and fall of your accident and your intention to claim. You must ensure that you comply with these requirements or you could lose your ability to bring a claim for damages against such a defendant.

One way to find out who the occupier is, is to check with the tax rolls department of your local municipality for the address where the accident occurred. You may be entitled to claim damages for any injuries you suffered in the accident.

Some issues of importance however will be what you are wearing, especially on your feet when the accident occurred, what the weather was that day, what you were carrying, and what handicaps you had if at all when this occurred. It is always a good idea, as well to get a statement from anyone who witnessed the accident and get their name and number. However above all we suggest when you are in an accident that you consult with a lawyer for any further information or suggestions.

Always keep records of the accident or anything happening to you because of the accident including medical care, physical problems or symptoms your having due to the accident.

The Farant Team Can Help

Contact us today regarding your entitlement to any of the above damages.