Wednesday, November 16, 2011

I slipped and fell in a store? Can I get compensation? I tripped and fell in a store. Can I get damages?

Were you hurt or injured on someone else's property? Did you trip or slip and fall because of a dangerous property, poor lighting, lack of a railing where there should have been one, slippery or uneven surface? If so, you have the right to claim compensation!

Slip and Falls - Trip and Falls - Stores

The owner of a property is liable for injuries that result from failure to reasonably maintain their property. There are laws in Ontario to protect persons injured because of someone's negligence or carelessness.

Many people slip or trip and fall in stores because store owners do not have established reasonable maintenance routines or procedures or they fail to adhere to a reasonable maintenance routine or procedure. You have the right as a customer to be safe when walking in stores. If you accidentally slip or trip on someone else's property and are injured, and the owner was negligent, you deserve compensation for such items as medical and other expenses, pain and suffering, and lost wages while off work.


What Makes a Store or Property Dangerous?

Whether or not the owner is liable for the damages you suffered depends on whether they took reasonable steps to avoid accidents and keep their property safe.

Many circumstances of a property can be relevant to making it dangerous. They include slippery floors, uneven floors, items in aisles, dangerous displays, poor lighting, no lighting, no railings, improper railings, unsafe or narrow stairs, falling objects, icy surfaces and potholes. Hotels, motels, malls, corner stores, municipal property, retail stores, bars, restaurants and an other type of businesses must keep their property safe and free of dangerous conditions.

What Duties Does a Store Owner Have?

All store owners must exercise reasonable care to see that the inside of the store and the outside of the store are reasonably safe for users.  If there are dangers on the property, the owner must either remove the danger or warn customers of dangers or hidden dangers to protect customers from injury.  An owner has a legal obligation to guard against hazardous conditions. If there is anything about the property which makes it dangerous and can cause injuries, the owner must take steps to deal with the danger, otherwise, if he does not, he is negligent. 

How to Show the Store Owner was Negligent?

The following may suggest the store owner was negligent:

The store owner knew, or should he have known, about the dangerous condition.
The dangerous condition existed for a while.
The store owner did not regularly inspect the store for dangers.
There was inadequate maintenance performed.
There existed a long time between the creation of the hazard and the fall accident.
In slippery surface cases, there is evidence that the substance that caused the fall was on the floor for a long time, such as being dried, sticky, full of shopping cart tracks, and so on.
The store owner took no steps or inadequate steps to protect the injured person.
The injured person acted unreasonably and caused their own injuries.

Should I Contact a Lawyer if I Have Been Injured in a Store?

If you have been hurt or injured during a visit to any store and want to assess the strengths of your claim, you need to consult a personal injury lawyer.  An experienced personal injury lawyer can provide invaluable assistance, investigate your injury and your claim and obtain fair compensation for you.

Who Should I Contact? 

At Quinn Thiele Mineault Grodzki LLP, we specialize in personal injury cases. We offer free consultations and no fee until you win arrangements. Call us for a free case analysis at 613-315-4878 or 613-563-1131. Marc Quinn, Ottawa injury lawyer.

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