Slip and Fall

Published on: February 1, 2023

Slip and Fall Cases in Ontario

It’s rather chilly in Ontario, with temperatures getting around the negative double digits.

When it gets this cold, ice forms and hardens significantly, making for difficult walking conditions on both public sidewalks, and private driveways and walkways.

Despite the poor walking conditions, there are still some daredevils out there who defy the cold temperatures and dare to wear sandals, flip flops, crocs or other footwear not associated with winter conditions.

So, what happens after a slip and fall case in Ontario? How are these cases started and built up by personal injury lawyers in order to get their clients the compensation which they deserve.

Cases are built upon facts and evidence.

This of these as the primary ingredients to a successful lawsuit. Without evidence, the case is going nowhere fast. You personal injury lawyer cannot simply conjure up evidence out of nowhere. And neither can you. Evidence in favour of your case either exists, or it does not. Some evidence is easy to gather. Other forms of evidence are not, and may need some form of higher power (like a Judge’s Order) to compel production.

Here’s an example of evidence which is easy for your personal injury lawyer to gather and to produce. Things like:

Clinical Notes and Records from the Hospital you attended after your slip and fall accident
Clinical Notes and Records from your Family Doctor or Nurse Practitioner, or the Walk In Clinic you attended after your slip and fall accident
Clinical Notes and Records from your Physiotherapist, Massage Therapist, Chiropractor or Occupational Therapist who you saw after your slip and fall accident
Pre-Accident and Post Accident tax returns which establish your base line pre-accident income, to show that you sustained a loss of income as a result of your slip and fall accident
Your Pre-Accident and Post Accident decoded OHIP Summary showing the doctor(s) you saw; and the frequency you saw those doctors before your slip and fall accident vs. the doctor(s) you saw, and the frequency you saw those doctors post slip and fall accident
Your employment file
Your ODSP File
Your CPP File
Your short term and/or long term disability benefits file
Your collateral benefits file
Your LHIN file
Photographs of your injuries, along with the ice patch which caused your fall (if you took any such photos and preserved them)
The ambulance call report, or the records from the police or fire department if they came to the scene of the accident to assist
Weather records for the days prior to your fall, the date of loss, and the days post slip and fall accident

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Published on: January 5, 2023

Brian Goldfinger’s Top 5 list of where slip and fall accidents happen

By Goldfinger Injury Lawyers

My law firm Goldfinger Injury Lawyers has successfully handled countless slip and fall cases. We have recovered our clients millions of dollars getting them the compensation which they deserve after they’ve been seriously injured as a result of a slip and fall caused by the negligence of a property owner. Please note that past results are not indicative of future results.

People are curious as to where these slip and fall case take place. I’m sure we’ve all seen someone wipe out or fall to the ground. But does this mean that the person will have a successful case? Does this mean that someone will reach out to a personal injury lawyer in order to claim compensation for their injuries, damages, or losses?

This is Brian Goldfinger’s comprehensive list of the top 5 most common places our lawyers see slip and fall cases take place. We are releasing our top 5 list now in the winter time, because this is the time of year where we see the most slip and fall cases happen.

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Published on: November 30, 2022

Behind the Scenes of a Winter Slip and Fall Case

By Goldfinger Injury Lawyers

Winter time means slip and fall accidents on account of snow, ice, sleet a slush.

These slip and fall cases can cause serious injuries to innocent visitors to public (or private) spaces.

Think of a parking lot at a school, university, grocery store, or a shopping mall that isn’t properly plowed, sanded or salted. Or perhaps a local gas station that hasn’t been maintained after some serious winter weather.

After a Plaintiff slips, falls, get hurt; begins the rehab process; what happens next? What happens behind the scenes of such a case.

With years of dedicated assistance to serving innocent accident victims across Ontario, Goldfinger Injury Lawyers has seen countless of these cases. While no two cases are exactly alike; they do share a lot of commonalities. Each case is determined on its own set of facts. Many cases can be similar, but NOT the same.

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Published on: November 22, 2022

Winter Means that it’s Slip and Fall Season: Be Careful

By Goldfinger Injury Lawyers

Cold weather!

Snow!

Ice!

Yikes!

Winter means that you are either really excited because you happen to be a winter sports enthusiast (most people who love the winter also ski, snowshoe, play hockey and can’t get enough of the cold weather) or you are dreading what’s yet to come.

Whether or not you like, or dislike the winter weather doesn’t matter. But what does matter is that you stay safe for when the sidewalks, walk ways, stairs and entrances get wet, slushy, icy and slippery.

Around this time of year, our lawyers see an increase in client calls relating to slip and fall cases dealing with icy or slippery surfaces.

There is a very good reason for this aside from the obvious that it’s cold, snowy and can be icy outside. The reality is that the first winter storm or frost can catch us off guard. We aren’t quite ready for it. All of our “snow stuff“, such as winter boots, winter coats, hats and gloves were all packed away at the end of last winter, and have yet to be unpacked for the upcoming cold weather season.

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Published on: September 14, 2022

Brian Goldfinger and the Case of the Bad Slip and Fall Accident

By Goldfinger Injury Lawyers

It doesn’t matter the season, the weather, the time of day, or the conditions. Slip and falls happen. Sometimes there are no injuries. Sometimes there can be very serious, even catastrophic injuries. When a bad slip and fall does happen, people often seek out the services of a personal injury lawyer to get them the compensation which they deserve to restore some form of dignity to their lives. The compensation recovered by your personal injury lawyer cannot only help make ends meet for the present, but can also provide a degree of future care support moving forward.

Today’s edition of the Toronto Injury Lawyer Blog will focus on “Brian Goldfinger and the case of the Bad Slip and Fall”.

Once upon a time, there was a nice elderly man. Let’s call him “Fred“. Fred lived a semi-retired life in a rural property just outside of Peterborough, ON. Fred is a fictional character.

One day, Fred headed in to town to do some grocery shopping and some banking. It was a normal fall day in September. The weather was cool, and the skies were sunny.

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Published on: November 25, 2021

Winter Time Slip and Falls in Ontario

By Goldfinger Injury Lawyers

Winter is coming?

Winter is here?

Winter never left?

Either way you cut it; it’s getting cold outside. And with colder weather comes snow and ice. Snow and ice mean dangerous driving conditions along with slip and fall walking hazards.

The focus of this edition of the Toronto Injury Lawyer Blog will be on winter time slip and falls in Ontario.

What’s changed for slip and fall cases in Ontario?

In December 2020, without any consultation, the Ontario Provincial Government introduced the Occupiers’ Liability Amendment Act

The Occupiers’ Liability Amendment Act provides for a new 60 day notice period for slip and fall cases involving snow and ice:

Notice period — injury from snow, ice

6.1 (1) No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection (2).

Not only does a Plaintiff have to give notice of his/her claim within 60 days; but the notice must either be served personally or sent by registered mail to:

1. The occupier of the premises and;

2. The independent contractor(s) employed by the occupier to remove snow or ice on the premises during the relevant period in which the injury occurred.

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Published on: April 7, 2021

Benefits in a Slip and Fall Case and How to Claim them

By Goldfinger Injury Lawyers

Slip and fall accidents resulting in serious injuries can be very difficult on the innocent accident victim; particularly when it comes to making ends meet.

How and when will lost wages be paid?

How and when will treatment costs not covered by OHIP be paid (physio, massage, chiro etc.)?

Will attendant care services be available and if so; who will pay for those services?

How do my out of pocket expenses get paid?

What about my damaged glasses or clothing? Will I be compensated for that; and if so; when?

These are all valid questions and concerns which a number of our slip and fall or trip and fall clients have expressed to our personal injury lawyers.

In a car accident case, all of these items are covered through Ontario’s no fault accident benefit coverage. That’s means that so long as you meet the disability test(s) for these benefits; and they are deemed to be reasonable and necessary, these benefits will be paid out to the accident victim.

In a trip and fall case, or slip and fall case, accident benefits are NOT available to the innocent accident victim. There is no interim insurance (unless privately purchased) which will cover these heads of damages. The Plaintiff will have to wait until the end of the case in order to get compensated for these damages.

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Published on: March 31, 2021

Who do you sue in a slip and fall case?

By Goldfinger Injury Lawyers

Identifying the correct party to sue in a slip or trip and fall case can be tricky.

In a car accident case; it’s a bit more straightforward: You sue the at fault driver. You also sue the owner of the vehicle as well.

In an dog bite or dog attack case identifying the correct party to sue is straightforward was well: You sue the owner of the dog.

How about an assault case? That’s sounds pretty straight forward as well: You sue the assailant.

How about a long term disability case? That’s easy: You sue the long term disability insurer.

Things get a bit more complicated in a slip and fall; or trip and fall case.

First you need to identify where the fall happened. Knowing the exact location of the fall is very important. A few inches to the left or to the right can change the identity of the owner. And getting the correct identity of the owner is of paramount importance for a slip and fall or trip and fall case. Suing the wrong owner won’t get a Plaintiff anywhere.

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Published on: March 18, 2021

Things to remember after a slip and fall

By Goldfinger Injury Lawyers

Slip and fall accidents can cause serious physical and emotional injury. Adding insult to injury is the fact that you will always second guess yourself:

“What if I didn’t step where I did? Could I have avoided the fall? Could I have paid better attention? Would different shoes or boots have prevented my fall?”

Feelings of anger, embarrassment, doubt and even shame can creep up after a slip and fall; because act of walking is so mundane and something we take for granted. How could the act of simply walking cause a devastating injury like an ankle fracture; or a torn ACL/MCL requiring surgery; or a bad concussion? Bad things happen. And when people look for justice and compensation, they reach out the Goldfinger Injury Lawyers.

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Published on: February 11, 2021

Bill 118, Occupiers’ Liability Amendment Act, 2020 should make you sick

By Goldfinger Injury Lawyers

“For the People“……

That’s what the Ford Government promised. That’s what the Ford Government was supposed to deliver.

They certainly aren’t delivering on any front.

Another promise made. Another promise broken I suppose.

Let’s examine this “For The People” government from the personal injury corner of there room.

Bill 118, Occupiers’ Liability Amendment Act, 2020 came into force on January 26, 2021. Right in the middle of the Pandemic because nothing says Global Pandemic quite like amending the Occupiers’ Liability Act for slip and fall cases in the middle of the winter!

The Explanatory Note of that Act clearly states:

“The Bill amends the Occupiers’ Liability Act to provide that no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or an independent contractor employed by the occupier to remove snow or ice, unless, within 60 days after the occurrence of the injury, written notice of the claim is served.”

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