Sometimes, a trip and fall accident is embarrassing, but you can get up and walk away, with nothing hurt but your pride. Other times, the resulting injuries cause long-term or even lifelong impairment; leading to pain, suffering, job loss and loss of income. Property owners have a legal duty to maintain their premises. or to warn the public that conditions are not safe.
For example, a supermarket should cordon off wet floors or post signage warning customers of the potential danger. Also, customers at commercial properties or anyone invited onto private property are in different legal categories than a person trespassing—and have the same duty to maintain their premises.
If your fall resulted from the failure of the property owner or tenant to maintain these premises in a safe fashion, seek out a trip and fall law firm. Our Courtenay personal injury lawyers can help you receive the compensation you deserve for your injuries. There is no fee unless we win. Preszler Injury Lawyers have been practicing in Canada since 1959, and we are dedicated, courteous and compassionate.
The importance of documentation
A person hurt in a trip and fall accident must prove that a defective condition, permitted by the premise’s owner or tenant, caused the injuries. When someone is hurt on another party’s property or alleges conditions on that property cause them harm, documentation of this is critical.
The accident victim is often too badly hurt to take photos or videos of the site with their cellphone, but if they cannot do so themselves, a family member or friend should take photos, including the date and time, as soon as possible. Evidence in trip and fall accidents might disappear quickly, especially when the hazard relates to weather, such as icy pavement or stairs.
Try to get the contact information of any witnesses, and always seek immediate attention, even if you think you are not badly injured. Soft-tissue and other injuries may not become apparent for a day or so after the fall, but documentation of medical treatment is essential for proving your case. In addition, always follow the doctor’s orders concerning treatment. Failure to do so may mean the insurance adjustor will try to show that the injury is less serious.
Premises liability lawsuits
Lawsuits involving premises liability are frequently complicated. A trip and fall lawyer investigates to determine which parties are liable for the condition resulting in the accident. The legal team reviews any medical or police records pertaining to the incident, and contacts witnesses.
Statute of limitations
Anyone harmed in a trip and fall accident has two years under the Ontario Limitations Act to file a claim. However, if the trip and fall occurred on any type of government property, the timeframe is much shorter, often just 90 days. That is why is it crucial to obtain legal counsel quickly after such an accident.
Contact Courtenay trip and fall lawyers
If you or a loved one were seriously injured because of a premise owners’ negligence or recklessness, you need the services of an experienced trip and fall lawyer at Preszler Injury Lawyers. Call us 24/7 or contact us online to schedule a free consultation. We will review your case and advise you of your options.