Articles Posted in Slip and Fall

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 →

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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In case you haven’t noticed, the white stuff we call snow is all around us. It’s causing some slippery conditions for motorists and pedestrians alike. Just getting around your respective city or town, whether it’s a booming metropolis like Toronto, or a small Town like Omemee (home of Neil Young, just outside of Peterborough), you have to be careful.

We get calls everyday from people seeking our assistance with their personal injury claim. In order to build a case from the start, we need evidence. Cases are built on evidence. Some evidence is not permanent; meaning that it can get lost or evaporate in to thin air.

Many people who are injured in an accident don’t understand this concept, and it’s very important to do so.

In a car accident case, the police are often called to the scene of the accident to investigate fault (liability). Fire and Ambulance may be called to the accident scene as well. All of these emergency personnel, in a perfect world, are supposed to take notes, interview witnesses to get their account of the story, take measurements of the accident scene, and take photos. All of that evidence gets preserved.
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We would all like to think that the law is the quest for the truth. It’s the pursuit of justice. It’s establishing before a Court of Law, what’s right, and what’s wrong.

In a perfect world, our courts should work that way. All cases should be heard quickly, before a Judge who knows and understands the issues; before a Jury who’s interested and doesn’t dose off; where witnesses don’t lie or fabricate the truth on the stand; where experts give their honest opinion instead of what somebody pays them to say.

Unfortunately, our Justice system doesn’t work that way. All too often we see cases which are built upon fabricated, flawed, inaccurate or faulty evidence. Often cases aren’t about the truth, it’s about what can, and can’t be prove in Court. Sometimes, proving the truth gets clouded because evidence has been tampered with, destroyed, or the credibility of witnesses has been destroyed.

I was recently directed to a case from a lawyer colleague of mine in Ottawa which was covered in the Toronto Star. This case was a perfect example of how flawed or faulty evidence gets in the way of the truth and has the potential to ruin a person’s life.
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Your case is NOTHING without evidence.

Just because you’ve been involved in a car accident, slip and fall, dog bite, or you’re in pain does NOT mean that you have a injury case which has merit.

In Ontario, we prove and establish cases through evidence. If you don’t have proper evidence, then you don’t have a case. You can be the nicest person. You can be the most credible and likeable person. You can be the most articulate person. You can have the most catastrophic injuries ever known. You can be experiencing the worst chronic pain EVER; but without the proper evidence, you don’t have a case.

This is exactly what happened to poor Ms. Nandal in her slip and fall case against the Toronto Transit Commission (TTC). (Nandal v. TTC 2014 ONSC 4760 CanLii)

On or about the 18th day of November, Ms. Nandal was walking down the staircase at the TTC’s Kennedy Station in Scarborough, when she alleged to have “slipped and fell on slippery and debris strewn steps, falling down approximately 15 stairs, and suffering severe injuries“.

The gist of this is that Ms. Nandal alleges that she slipped and fell on some sort of debris or garbage, causing her to fall down a lot of stairs. The result was that Ms. Nandal fractured her clavicle.

Ms. Nandal sued the TTC under the Occupiers’ Liability Act, for failing to keep their property safe for public use. Ms. Nandal argued that the debris or the slippery stairs presented a hazard which the TTC knew, or ought to have known of, and failed to clean it up.
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Calls resulting in injury from winter time trips, slips and falls are very common at our law firm. We see an increased amount of calls as a result of slipping on snow, ice, black ice, cracked pavement, slush and general wet conditions around the winter time. And for good reason. The weather in such places as Toronto, London and Peterborough is frankly quite bad, and puts everyone at greater risk of injury. If you were living in a warm climate, you wouldn’t have to worry about any of the winter hazards which Ontarians encouter every day having to endure our harsh winters. My parents would tell me that we have it good compared to the cold, ice and snow which they experienced in early Toronto. It’s a fact that our winters are less harsh then the winters which we presently experience; but I will have to leave that explanation to a climatologist from Environment Canada.

Quick injury lawyer factoid: Did you know that you can check the amount of snow fall/precipiation using the Environment Canada website? This is a handy tool for any winter time slip and fall claim in order to establish how much snow was on the ground the day of; or the days leading up to the accident. If one of our clients slipped and fell on a large patch of ice, we can tell from the Environment Canada website whether or not the property had been maintained based on the weather and precipitation/snow patterns.
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