Proving Liability After a Slip and Fall Accident

It’s often assumed that slip and fall cases are easy to prove. In actuality, liability in slip and fall claims can be quite challenging. Property owners typically deny responsibility, arguing they made reasonable efforts to keep people safe while on their premises. They almost invariably attempt to blame the injured person, saying their carelessness caused or contributed to the slip and fall. 

The good news is that challenges in proving liability after a slip and fall accident can be overcome with the right evidence and a solid legal strategy. In today’s post, we’ll discuss slip and fall law and evidence you’ll need to prove liability for slip and fall injuries. 

More good news? You don’t have to overcome those challenges on your own. An experienced Oshawa slip and fall lawyer at Kelly Greenway Bruce can help you build a strong case, including gathering and preserving evidence to prove liability, so you get the compensation you deserve. 

Liability for Ontario Slip and Fall Accidents 

Under Ontario’s Occupiers’ Liability Act, the “occupier” of premises is legally obligated to keep people reasonably safe from harm while on the premises. Failure to do so can result in individuals sustaining serious injuries for which the property owner or occupier is liable. Depending on where the incident occurred, the claim may be against a private property owner (residential property, commercial property), a landlord, or a person/company responsible for the condition of the premises. 

Cities and municipal governments can also be held liable for slip and fall injuries that occur on public property, but very different rules and very short timelines apply to these types of claims (see here for important details about holding a city responsible for public property slip and falls). It’s so important to contact an experienced Oshawa slip and fall lawyer as soon as possible if you were hurt on public property.

Claiming Compensation After a Slip and Fall Accident 

You may have a legal claim after being hurt in a slip and fall accident, including damages for lost income, lost future earning potential, reimbursement for medical bills and other out of pocket expenses, and compensation for your pain and suffering. To win your legal claim and recover financial compensation, you must provide compelling evidence to prove each of these elements:  

1. the property owner or occupier owed you a duty of care to keep the premises safe;  

2. they failed to meet that duty;  

3. that failure caused your injuries; and  

4. you suffered loss and damages as a result of the injuries.   
   

Once you prove each of those elements, you’ll then need to be prepared to push back against any defences raised by the property owner or occupier. They won’t be responsible for your injuries if they can prove common defences such as voluntary assumption of risk, trespassing, or waiver. They can also reduce or eliminate their responsibility by pointing the finger at you. If the defendant can prove contributory negligence, the financial compensation you receive will be reduced by the percentage of fault assigned to you.  

Examples of contributory negligence in a slip and fall case include allegations that the injured person failed to wear proper footwear, failed to use a handrail on stairs, ignored warning signs, and/or walked while distracted by their phone.

Evidence You’ll Need to Prove Slip and Fall Liability 

You will need compelling evidence to support your claim against the property owner or occupier. Key evidence in slip and fall liability lawsuits typically includes: 

• photos and videos of the scene 

• security camera or surveillance footage of the incident itself 

• incident reports 

• police and/or ambulance reports 

• eyewitness statements and testimony   

• medical records  

• maintenance records or logs 

• contracts (e.g., agreement between property owner and a property manager hired to maintain the property or an independent contractor hired to remove snow) 

• your footwear or other clothing you were wearing at the time of the fall
  

In some cases, expert evidence is needed; an opinion from a medical expert or accident reconstructionist, for example, may be necessary to establish liability. The precise evidence needed in your case will depend on where the incident occurred, how it happened, who was there, and what defences are raised in response to your claim.

An Oshawa slip and fall lawyer at Kelly Greenway Bruce can review the circumstances, devise a clear legal strategy, and help you build a strong case. We can identify the proof you’ll need to prove liability and help gather and preserve evidence.  

Speak with an Oshawa Slip and Fall Lawyer

Whitby, Oshawa, Lindsay, Ajax and the rest of Durham Region are proudly served by the skilled personal injury lawyers at Kelly Greenway Bruce. We work hard to ensure that our clients’ legal rights are protected and that they get maximum compensation for pain and suffering, wage loss, medical bills, and more. 

If you or a loved one has been hurt in a slip and fall accident, it’s important to connect with an Oshawa slip and fall lawyer at Kelly Greenway Bruce as soon as possible after receiving the necessary medical attention. Failure to meet the new strict slip and fall notice deadlines—as short as 10 days if the incident occurred on city property—can be fatal to your personal injury claim. 

For a free case evaluation, contact us today at our Oshawa or Lindsay locations.