Imagine you’re walking through your favorite Toronto mall, like Yorkdale, Eaton Centre, or Sherway Gardens, or picking up groceries at Fortino’s or Loblaws, when suddenly, your feet let you down and slam to the floor. It’s not only embarrassing; it can also be painful. Slip-and-fall accidents frequently occur to Torontonians of all ages and can lead to life-changing injuries. That’s why understanding how to deal with the aftermath is essential.
The Reality of Slip and Fall Accidents in Toronto
Slip and fall incidents aren’t minor mishaps; they can and often result in serious injuries. According to the Canadian Institute for Health Information, in 2020-2021, there were 162,222 unintentional slip-and-fall injuries in Canada, accounting for nearly 60% of all injury-related hospitalizations. While this statistic reflects the entire country, most of these accidents happen in urban centres like Toronto due to multiple bustling malls, higher foot traffic and busy grocery stores.
What are Immediate Steps to Take After a Fall?
- First, after any slip and fall accident, check yourself for injuries and assess your medical situation. If you’re in severe pain or suspect a serious injury has occurred, try not to move and call for medical assistance immediately. While you may be embarrassed, it is important to remain calm and take things slow, as rushing may cause you to slip again and increase the severity of the injury.
- Second, make sure you seek medical attention even if your injuries seem minor. Some injuries, like concussions or internal bruising, are harder to see immediately but can have long-term effects. You can never be too safe with your health, so it’s better to be safe than sorry in slip-and-fall accidents.
- Third, document the scene as much as possible. The more documentation, the better. If you can, take multiple photos of the exact spot where you fell, focusing on any hazards like wet floors, uneven surfaces, or obstacles. Document the lighting. Any visual evidence can be invaluable later, so take as many pictures as possible.
- Fourth, collect witness information. If anyone saw your fall, get a statement from them on what happened and get their contact details. Witness accounts can provide an objective perspective on the incident. Have them record the testimony on your phone; this way, everything will be clear about what occurred.
- Fifth, report the incident to the store or mall management. Ensure they create an official report and request a copy for your records.
- Sixth, keep your clothing and shoes in their post-fall state during the accident. This evidence might be valuable later if questions about appropriate attire or footwear arise.
Lastly, contact a Toronto-based personal injury law firm like Bergel Magence. They can guide you through your rehabilitation and alleviate the stress associated with any legal action you may take. A reputable personal injury law firm has helped numerous people get proper compensation and justice after being seriously hurt in a slip and fall accident.
Understanding Liability in Ontario
In Ontario, the Occupiers’ Liability Act mandates that property owners, managers, and occupiers ensure their premises are reasonably safe for visitors. Grocery stores and malls have a legal duty to maintain safe, hazard-free environments, and neglect of this duty violates the Occupiers’ Liability Act. This means the property managers and owners can be held liable for any serious injuries resulting from it.
What is Common Causes of Slip and Fall Accidents in Stores and Malls?
There are many reasons why slip and fall accidents occur in stores and malls. A few of the most common are:
- Wet or Slippery Floors – Spills, recently mopped areas without proper signage, or tracked-in rain and snow can create slick surfaces. This is especially common in food courts and the high-traffic areas around store and mall entrances.
- Obstacles in Walkways – Merchandise, boxes, shopping carts, and random debris left in aisles can pose tripping hazards. This is also true for areas that may be undergoing construction, as debris and dust may be found on the floors.
- Poor Lighting – Dimly lit areas can obscure potential dangers, making misstep or miss certain hazards easier.
- Damaged Flooring – Torn or old carpets, loose tiles, or uneven surfaces can catch unsuspecting shoppers off guard. This is also true for runners or rugs that are not flush on the ground, heightening the possibility of tripping.
What are ‘Sweep Logs’?
Many malls and stores maintain “sweep logs.” These are regularly updated records of inspections and maintenance of the premises and can be pivotal in a slip-and-fall claim. If an accident occurs and the sweep log shows lapses in routine checks or maintenance, it can indicate negligence on the part of the establishment, furthering your claim.
Potential Compensation for Victims
If it’s determined that the store or mall’s negligence led to your fall, you might be entitled to compensation. This can include medical expenses like the costs for treatments, medications, physiotherapy, and any future medical needs related to the injury. If the injury causes you to miss work, you can claim for the income lost during recovery. Beyond that, you may be entitled to compensation for physical pain, emotional distress, and the overall impact on your quality of life.
What are the Time Limits for Filing a Claim in Ontario?
Ontario law establishes a two-year limitation period for most personal injury claims, including slip and fall cases. This means you have two years from the accident date to initiate legal proceedings.
Preventative Measures for Shoppers
While it’s the responsibility of establishments to maintain safe environments, shoppers can also take steps to reduce their risk:
- Stay Alert: Listen to your surroundings and watch for potential hazards.
- Stay Off Your Phone: Mobile phone distractions are a key contributor to slip and fall accidents.
- Wear Appropriate Footwear: Shoes with good grip can help prevent slips, especially during inclement weather.
- Use Handrails: Handrails can provide added stability when available, especially on stairs or escalators.
Final Thoughts
Experiencing a slip and fall in a Toronto grocery store or mall can be both physically and emotionally taxing. Focusing on your rehabilitation while navigating the legal landscape regarding filing your lawsuit is all-consuming. However, you can deal with this aftermath more effectively by taking prompt action, documenting everything meticulously, and understanding your rights. Remember, establishments have a duty to ensure your safety, and if they fall short, you have the right to seek justice and compensation.
A Toronto-based personal injury lawyer like Bergel Magence will alleviate the stress of getting justice and compensation for your injury. Call us today for a free consultation, where we will advise you of your legal options. We have helped thousands of individuals in personal injury claims, recovering hundreds of millions of dollars on their behalf.
Contact Bergel Magence today at 416-665-2000 or online at Bergellaw.
