Injured in a Slip or Fall on a Property? An Experienced Ottawa Lawyer Can Help
Everyone knows that a certain degree of caution is to be taken pretty much every time you step out your front door. After all, anything can happen, and vigilance is often the best defense. However, sometimes even watchfulness is not enough, and you slip and fall, resulting in an injury. Is there a basis for legal action? That depends-were the conditions that precipitated your injury preventable, and should the person responsible for that property have prevented them? These are the questions an experienced Ottawa slip and fall lawyer can answer.
Who's Responsible for the Property?
In Canada, liability does not always necessarily fall on the owner of the property where an accident has occurred. It may fall on an occupier that might be a tenant, or a person in charge of a certain activity taking place on those premises. In any event, the occupier or owner-whichever party is responsible for maintaining the premises-owes a duty of care to any person that is reasonably expected to be entering those premises. This can include having and following a system of regular inspection and maintenance, and otherwise providing warnings that conditions may be unsafe.
Is the Occupier Liable?
Just because you've been injured on a particular property does not immediately make the occupier liable. An Ottawa slip and fall lawyer will help you to determine liability based on whether the occupier had knowledge, or would have been reasonably expected to have knowledge, of the conditions and failed to act. These conditions include wet surfaces, uneven or damaged stairs, poor lighting, ice, or other dangers that would be unforeseen to a visitor. If you can prove that the responsible party was aware of these conditions, or that they neglected to follow through with regular maintenance that would have prevented these conditions, the odds of compensation are greatly increased.
The best course of action for you, in the event of an injury, is to seek medical attention immediately. Apart from ensuring your own health, it will provide accurate record of the state of injury caused. If there were witnesses to the event, ask to take names and contact information so that you or your lawyer may call upon them if necessary. The more accurate information you can provide and corroborate, the more accurate a picture you can paint for a court.
An important thing to know is that if it can be proven that you were not being careful at the time of your accident, you may be found partially or entirely at fault for your injuries. If you are found partially at fault, then the amount of damages you are entitled to can be reduced proportionately.
To find out if you are entitled to compensation after an injury on any property, contact an Ottawa slip and fall lawyer right away.