Slips and Falls. What about Trips and Falls? What does Ontario law have to say?
In Ontario, all owners and occupiers must take reasonable steps to ensure their property is safe. This obligation is codified in the Occupiers’ Liability Act. Section 3(1) of that Act states that an occupier owes a duty to take reasonable care to ensure persons on their property are reasonably safe. In some cases, people are injured not by slipping and falling but by tripping when walking up and down stairs. There are industry standards applicable to things like the height, width, depth and length of stairs. Uneven stair heights can cause persons to fall and seriously injury themselves. Broken stairs, items left on stairs, uneven stairs, lack of handrail, poor lighting, steep stairs and so on are all reasons a person may fall using stairs.
How do you know if your fall was caused by defective or dangerous stairs?
Landlords, property owners, managers and occupiers must take reasonable care in ensuring stairs are built and maintained to a safe standard. In many cases, an engineer can inspect the stairs in question and arrive at an opinion as to whether or not the stairs were built properly or maintained properly. The person in charge of the property must take active steps to regularly inspect their property and repair any defective, unsafe or broken stairs.
Steps to Take After a Fall Down Stairs
Here are some helpful hints to increase your chances of getting compensation:
Take many photographs of the condition of the stairs on the date of the fall (or if not possible, as soon as you are able after the fall). Photos taken on the date of the fall depicting the condition of the stairs is very good evidence. The more the delay, the more chances the condition of the stairs will change over time or the property owner effected repairs.
Obtain witness information:
Speak to any witnesses and obtain their full contact particulars. Witnesses are a good way to prove what happened. Your lawyer can arrange for a statement as soon as possible.
Take notes of the details of the area you fell, condition of the stairs, location of the incident etc…
The footwear you were wearing when you fell is always relevant and it is important that you preserve the footwear and take photos of the condition of the footwear on the date of the fall.
Speak with an Injury Lawyer:
If you slip and fall or trip and fall and were injured, contact an injury lawyer as soon as possible. Your lawyer will determine relevant limitation periods and notice periods that must be met and start collecting vital evidence right away. You will know your rights and your interests will be protected.
There is a legal obligation to ensure steps are safe and maintained. If you have fallen because of someone else’s negligence, we can help you claim compensation. we offer free consultations and get paid only if you settle your claim.
Marc-Nicholas Quinn Injury Lawyer with more than 20 years experience. Experience does matter! Tel: (613) 315-4878