Slip and Fall Lawyer in Ajax

Who this helps

People injured by falls on icy sidewalks, wet floors, broken stairs, uneven pavement or poorly lit areas, whether on private property, in a store or on a municipal road or sidewalk.

The law and the deadlines

Under the Occupiers' Liability Act, occupiers must take reasonable care to keep people on their premises reasonably safe. For a fall caused by snow or ice on private property, written notice must generally be given to the occupier or contractor within 60 days. For a fall on a municipal road or sidewalk, written notice to the municipality is generally required within 10 days. Most lawsuits must start within two years.

The process

1. Free consultation to review how the fall happened.
2. Notice letters sent within the deadlines.
3. Evidence gathered: photos, weather records, maintenance logs, medical records.
4. Negotiation with the insurer, and a lawsuit if needed.

Documents to bring

• Photos of the location and your footwear
• Date, time and exact location of the fall
• Names of witnesses and any incident report
• Medical records and receipts
• Proof of time missed from work

Fees

Injury consultations are free. Most injury files are handled on a contingency fee: you pay legal fees only if there is a recovery, as a percentage set out in a written contingency fee agreement. See how injury fees, costs and disbursements work.

Next step

Call 647-657-4400 as soon as possible because of the short notice deadlines. See our personal injury services and free consultation.

Who may be responsible for a fall

The Occupiers' Liability Act requires anyone who controls a property to take reasonable care to keep people on it reasonably safe. Depending on where you fell, more than one party may share responsibility:

• Property owners and tenants, such as a store, restaurant, plaza owner or landlord.
• Property managers and condominium corporations for common areas, walkways and parking lots.
• Snow-clearing and maintenance contractors hired to plough, salt or clean.
• Municipalities for public sidewalks and roads. For snow and ice on a sidewalk, a municipality is generally liable only for gross negligence, a higher standard than ordinary negligence.

Identifying every responsible party early matters, because each may have its own insurer and each must receive notice in time.

Evidence that strengthens a slip and fall claim

• Photos of the exact spot, taken as soon as possible, showing the ice, spill, broken step, poor lighting or missing handrail
• Photos of your footwear and of your injuries over the following weeks
• Names and phone numbers of anyone who saw the fall or helped you
• An incident report from the store or property manager, and the name of the person you spoke with
• Your receipt or bank record showing you were there at that time
• Weather records for the day, which we can obtain
• Ambulance, hospital and family doctor records

Security footage is often overwritten within days or weeks. If you think a camera recorded your fall, tell us right away so we can send a request to preserve it.

Common slip and fall injuries

Falls often cause wrist, hip and ankle fractures, knee and shoulder injuries, back injuries and head injuries, including concussions. Older adults are especially vulnerable to hip fractures, which can affect independence for months. Some injuries, such as concussions and soft-tissue back injuries, do not show their full effect for days. See a doctor even if you feel you can manage, and keep going to follow-up appointments; gaps in treatment are often used to argue an injury was not serious.

How long a slip and fall claim takes

Many claims resolve within one to three years, depending on how quickly your injuries stabilize and whether the property owner's insurer accepts responsibility. We usually wait until your doctors can say what the long-term effects will be before negotiating, so a settlement reflects future losses as well as past ones. You do not pay legal fees along the way: our fee comes from the recovery, on a sliding scale of 28% to 36%.