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Articles Posted in Slip and Fall

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Every once in a while, what appears to be an ordinary slip and fall case, isn’t as straight forward as you would think. It takes a keen legal eye, with significant experience to get to the bottom of some of these tricky cases. And believe me; some slip and fall cases can be very tricky.

Set aside the liability issues, property ownership issues, along with any coverage or damage issues for a moment. It should be noted that all of these issues are common place.

When a car accident happens, an accident victim is entitled to make an accident benefit claim through his/her own insurance company. Those accident benefits are separate and apart from any claim for pain and suffering against the at fault driver. Accident benefits are very helpful as they pay for reasonable and necessary medical costs, therapy costs, rehabilitation costs and attendant care costs. Accident benefits will also pay an income replacement benefit of up to $400/week under a standard auto policy, or a non earner benefit of up to $185/week for up to two years.

These accident benefits are NOT available in any other form of personal injury case like a normal slip and fall case, an assault case, or a dog bite case. In all of these sort of cases, the injured Plaintiff will need to pay for his/her rehabilitation costs which aren’t covered by OHIP out of their own pocket.

Enter the unique slip and fall case. The sort of slip and fall case which becomes a car accident claim.

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It’s that time of year. Slip and Fall season is upon us in Ontario.

Before we get in too deep on this edition of the Toronto Injury Lawyer Blog, all of us here at Goldfinger Injury Lawyers would like to thank our readership for their support over this past year. We appreciate your positive and constructive feedback. In 2020, we hope to bring you more interesting to read legal content so that you can better understand the world of personal injury and disability law in Ontario. If there are any topics which you would like covered that we have yet to touch upon, send us an email to info@goldfingerlaw.com with subject title “Blog” and we will do our best to accommodate your request. You can always dig in to our archives on the Toronto Injury Lawyer Blog page.

This week’s topic will cover slip and trip and falls. We always notice a spike in these sort of calls around this time of year. This year is no exception with the steady freeze, thaw, freeze, thaw weather we’ve had across the province, it’s kept everyone on their toes so to speak.

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The Holidays are a wonderful time. Celebrations with family, friends, co-wokers can be a lot of fun, and a time to reflect on the past year and the year to come.

A few things I would like to comment on with respect to the holidays. Back in 2008, the Goldfinger Personal Injury Law, now Goldfinger Injury Lawyers use to send out a large mailer of holiday greeting cards. They were a big hit. More interesting was the reaction of the people who didn’t receive the cards or who were not on our mailing list. Many found out about our holiday cards, and their reaction to not receiving a card was even loud than those who received one. It sucks feeling left out, but that certainly wasn’t our intention. We simply couldn’t mail out to everyone in the world.

Fast forward to 2015. Fewer law firms are sending out traditional holiday cards in the mail. Instead law firms are sending out e-cards. They’re faster, more efficient, easier to send, less of an environmental footprint, more practical and more economical. We were quick to jump on the trend. It allowed us to reach our client base, along with people we were close with our acquaintances.

Some people replied to our first round of Holiday E-Greetings indicating that they considered our e-cards spam and a violation of Canada’s Anti-Spam Legislation (CASL) which as introduced in around 2014. The simplest definition of spam is unsolicited email, though it can also include unsolicited text messages and software.

Can the Goldfinger Injury Lawyers’ Holiday E-Greeting be considered spam?  I don’t know, but I certainly don’t want to test that boundary. Who knows. Someone has a bad day, your Holiday Greeting is the straw that broke their inbox and the next thing you know you are fighting CASL charges for sending out an innocent holiday greeting. Reporting spam is really easy. It’s as easy as a quick click online on this government website. 

I cannot begin to tell you the amount of unsolicited holiday e-greetings I’ve received in my mailbox; and likely yours too! Do I want to be the Grinch who reports unsolicited spam in the form of Holiday E-Greetings? Nope. Are there a bunch of Grinches out there who will do so because they’re having a bad day or who want to see you go down in flames? Yup.

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One of the most common orthopedic injuries our personal injury lawyers see in slip and fall cases are broken ankle.

Not sprained. Not bruised. Broken ankles. Like the ankles when you fall you may hear a snap, crackle or pop; but in a bad way and not in the breakfast cereal type of way.

A broken ankle injury is very serious. Think about it for a moment.

When you stand, pressure is applied to your ankle.

When you walk, your ankle needs to flex. When you rotate, jump, bend, kneel; all of these movements puts pressure and strain on your ankle.

If your ankle goes in to a hard plaster cast, you’re out of commission. You can’t walk, run, or jump. Your doctor will recommend that you are non weight bearing. That means you’re not to put weight or pressure on your ankle. Translation: no walking or putting pressure on the ankle. Or if you are getting around, you will need to do so with crutches, a wheelchair, or one of those scooters you may see that allows you to raise an ankle while rolling around.

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This deep freeze, thaw, cold, warm, snow, rain, back to snow, then to ice weather cycle we have seen across Ontario this winter hasn’t been good for anyone. We’re not sure if it’s snowing, raining, or ice is falling from the sky.

All of the fluctuations in temperature have lead to slippery walking conditions on sidewalks, parking lots, entrance ways, walk ways and other paths.

Over the past week,  personal injury lawyer Brian Goldfinger has been asked for comment by the CBC, CityTV and quoted by Canadian Underwrite Magazine for commentary from a knowledgable lawyer regarding slip and fall cases in Ontario. You can find links to these articles here:

Canadians nurse winter wounds as cities grapple with icy sidewalks

 Latest Canadian statistics on slips and falls on ice

https://www.cbc.ca/news/canada/london/sidewalk-clearing-law-london-ontario-1.5046917

Over the months of February and well in to the beginning of March 2019, our law firm has seen a spike from the usual norm with respect to winter slip and fall cases resulting in serious injury. Injuries like broken ankles, broken wrists, broken arms, broken hips; even fractured skulls. We have been seeing some pretty significant injury cases of late.

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I looked outside my window today and saw SNOW! Yuck. That means it’s slip and fall season in Ontario. A large proportion of the personal injury cases at Goldfinger Injury Lawyers are slip and fall cases. A large proportion of those slip and fall cases arise from slip and falls on snowey/icey/slippery surfaces caused by lack of, or improper maintenance. In many of those cases there is no maintenance at all which adds significant exposure to the Defendant property owner.

Given that it’s slip and fall season in Ontario, the team at Goldfinger Injury Lawyers would like to keep you up to speed with some do’s and don’ts for your slip and fall case. On this list are some common misconceptions when it comes to handling these cases.

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It’s Winter.

For personal injury lawyers like Brian Goldfinger, that means it’s slip and fall season.

In a cold weather climate like Ontario, our personal injury lawyers get calls from a lot of prospective slip and fall clients.

While every case is different, there are certainly common threads in many winter time slip and fall cases which we would like to share with the readership of the Toronto Injury Lawyer Blog.

Brian Goldfinger and the team at Goldfinger Injury Lawyers will hope this knowledge will better prepare you for handling your slip and fall case, along with the barriers to recovery.

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Middle of January in Ontario = snow, ice, sleet, slush and mush! The cold, rain and snow all make for difficult driving and walking conditions. A serious accident can result in serious injury, bringing life long health consequences and long term care requirements.

You would be amazed by the volume of inquiries our law firm gets around this time in relation to accidents caused by hazardous winter conditions (snow, ice, slush, etc.)

1. Here are some quick tips on staying safe, and what to do after an accident caused by snow, mush, sleet, slush or ice. If you’ve been involved in a serious accident, it’s always a good idea to report it to the police or to contact an ambulance for your injuries. The police will be able to properly document how the accident happened, and get the contact and insurance information for the parties involved. If the root cause of the accident is very complicated, the police will even call in a forensic engineering team to investigate the cause of the accident.

2. Don’t be a superhero; seek medical attention! If it hurts right after your accident, chances are it might get worse as time goes on. Best get those injuries looked at sooner rather than later so that you have a proper understanding of what happened as a result of your accident. Continue reading →

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Winter is upon us! Break out the parkas, toques and winter boots and get ready for some blistering cold. This week we are expecting some sub 20 degree weather in Southwestern and Eastern Ontario. Don’t get me started about what it’s like up there in Northern Ontario. It’s been chilly since the beginning of October (so they say).

The drop in temperature presents safety hazards created by winter snow conditions. Ice accumulation makes for some slippery conditions which can be dangerous.

It’s around this time that our law firm sees a spike in calls for slip and fall accidents.

The focus of this installment of the Toronto Injury Lawyer Blog Post will be the “Do’s and Don’ts after you or a loved one has sustained a slip and fall accident“.

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As the title of this edition of the Toronto Injury Lawyer Blog suggests, Winter Time is Slip and Fall time. When the weather starts to get cold, damp, slippery and icy, our law firm sees a spike in slip and fall related calls (sweet rhyme!). Some of these slip and falls result in some very serious injury. Being hospitalized and breaking bones as a result of a slip and fall is not only painful and debilitating; but it can also be very depressing, humiliating and embarrassing.

The reality is that in Ontario, these serious slip and fall claims happen, and we need to best understand how to deal with them so that you get the compensation you deserve.

So, without further a due, below is a quick sampler of the Goldfinger Guide to Better Understanding Slip and Fall Cases in Ontario. We have prepared the Goldfinger Guide in such a way that it’s easy to read, easy to understand, and hopefully; enjoyable as well (as enjoyable as you can get when it comes to reading about slip and falls).

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