Slip and fall accidents are among the most common causes of personal injury in the Greater Toronto Area. These accidents can happen anywhere – whether you’re walking through Yonge and Dundas Square, shopping in Yorkdale, or in one of the large office buildings on Bay Street, a single misstep can lead to a serious injury. By understanding the main causes of these accidents, the odds of preventing slip and fall accidents dramatically increased. Beyond that, if you are seriously injured in a slip and fall accidents, you will be better prepared to fight for your rights and receive proper compensation.
Slip and Fall Accidents in Numbers
According to the Canadian Institute for Health Information (CIHI), falls account for over 40% of all injury-related hospitalizations in Canada. In Ontario alone, thousands of people visit emergency rooms each year due to slip and fall accidents. This includes significant numbers in and around Toronto. This is especially true during cold and wet Canadian winters, where the number of slip and fall accidents increase.
What are Common Causes of Slip and Fall Accidents in Toronto?
While slip and fall accidents can happen anywhere, some causes are typically more common. Here are some of the most common causes of slip and fall accidents in and around Toronto:
1. Icy and Snowy Conditions
Toronto winters are cold and wet, resulting in significant amounts of snow and ice. Often outdoors pathways, sidewalks and parking lots have many slippery ice-covered patches. In addition, outdoor building entrances can quickly become dangerous when snow and ice accumulate.
Property owners have a legal obligation to clear snow and create safe walkways. This can be done by shoveling or plowing heavy snow and salting the area to melt patches of ice. Unfortunately, proper snow maintenance doesn’t always happen promptly. This failure to maintain sidewalks and driveways accounts for a significant number of personal injury claims in Toronto during the winter months.
2. Poorly Maintained Sidewalks and Walkways
Toronto has many uneven or cracked sidewalks and walkways throughout the city. The City of Toronto has programs in place to repair damaged sidewalks but often cracked or poorly maintained sidewalks and walkways go unreported. Beyond that delays in improving these reported dangerous sidewalks and walkways lead to continuously hazardous conditions. Pedestrians who trip on broken concrete, uneven walkways or potholes may suffer sprains, fractures, or even head injuries.
The potential of personal injury is intensified if the person walking is distracted. This is especially true if the person is looking at their phone while walking.
3. Slippery Floors in Commercial Properties
Many slip and fall accidents occur indoors. This is particularly common in high traffic areas like retail stores, restaurants, and shopping malls. Unmarked freshly mopped floors (without warning signs), spills from drinks and other liquids, wetness from boots (especially true during Toronto winters) and freshly polished floors all can contribute to slip and fall accidents.
When walking in these areas, make sure to be vigilant and try to avoid walking on these potentially dangerous slippery areas. Moreover, avoid looking at your phone while walking, as this distraction significantly raises the possibility of suffering a slip and fall accident.
4. Poor Lighting
Good lighting is key to preventing slip and fall accidents. Dimly lit stairwells, parking lots, and pathways can make it difficult for individuals to see potential hazards. Without proper lighting, the odds of being victim to a serious accident increases greatly. Older buildings, and outdoor areas with lots of trees are often prone to bad lighting.
5. Obstructions in Walkways
If you live in or around Toronto, you know that construction is constant and found in all areas of the city. While these projects aim to improve infrastructure, they often lead to obstructed walkways. Dirt, tools, poorly placed signage and debris can create trip hazards for pedestrians.
6. Defective Stairs and Railings
Toronto has countless buildings – some new and some older. Many of these older buildings are unfortunately not kept in the best condition and may contain defective stairs and railings. Unsafe stairs, broken railings and missing handrails can result in serious falls. In Toronto, building codes are in place to ensure stairways are safe, however often building owners fail to comply. This negligence in maintenance can lead to serious injuries, especially for seniors.
Who is Liable for Slip and Fall Accidents in Toronto?
Under Ontario’s Occupiers’ Liability Act, property owners and occupiers have a legal duty of care to keep their premises safe for visitors. This includes:
- Clearing snow and ice promptly and salting ice when appropriate.
- Repairing damaged walkways.
- Providing adequate lighting during daytime and nighttime hours.
- Addressing wet or slippery floors immediately – drying and providing proper notification when floors may be slippery.
If you’ve been injured in a slip and fall accident, determining liability often requires thorough investigation. For example:
- Where did the accident occur?
- Was there a breach in the location’s owner/management’s duty of care regarding maintaining a safe environment? Was there negligence?
- Did the property owner have reasonable policies in place to prevent accidents?
Steps to Take After a Slip and Fall Accident
If you’ve been involved in a slip and fall accident in any part of Ontario (the Greater Toronto Area, Kingston, Niagara Falls, Kitchener-Waterloo, London, Windsor, Ottawa, Muskoka and any other area), taking the right steps can help protect your legal rights and strengthen your claim:
- Seek Medical Attention There is nothing more important than your health, which is why if you are seriously injured seek medical attention. Even if your injuries seem minor, it’s important to have them assessed by a medical professional.
- Document Where the Accident Occurred After your fall, make sure you take as many pictures as possible of the location. Document where the negligence was. Was there a puddle? Was the lighting broken? Is the stairs’ railing broken? All of these things need to be documented with multiple pictures, as they will be crucial for any legal claim.
- Report the Incident Notify the property owner, manager, or another responsible party immediately. Make sure to obtain a copy of any incident report.
- Gather Witness Information If anyone saw your fall, ask for their contact information. Witness statements can be invaluable in proving your claim.
- Consult a Personal Injury Lawyer Navigating a slip and fall claim can be complex. A lawyer experienced in personal injury law can help you gather evidence, negotiate with insurance companies, and pursue the compensation you deserve.
How to Prevent Slip and Fall Accidents
Prevention is always better than dealing with the aftermath of an accident. Here are some tips to minimize the risk:
- For Property Owners:
- Frequently inspect and maintain all indoor and outdoor walkways, regardless of weather conditions and time of year.
- Respond promptly to weather-related hazards like snow and ice, clearing all snow and ice and using salt as needed.
- Clear wetness on floors as quickly as possible.
- Use non-slip mats and post signage when floors may be slippery.
- For Individuals:
- Monitor weather conditions and wear appropriate footwear when necessary.
- Pay attention to your surroundings and avoid distractions like texting while walking.
- Use handrails when available and avoid taking shortcuts through unsafe areas.
Why Choose Bergel Magence for Your Slip and Fall Claim
Bergel Magence Personal Injury Lawyers has been helping seriously injured Ontarians for over 50 years. Our experienced team of legal professionals understands the complexities of personal injury cases and is dedicated will fight on behalf of our clients to get them to justice and compensation they deserve. We have a proven track record of success and have even been recognized as the 2024 Best Personal Injury Law Firm in Toronto by the Toronto Star Readers’ Choice Awards.
If you’ve been injured in a slip and fall accident, contact us today at 416-665-2000 or visit bergellaw. com to schedule a free consultation. Let us help you navigate the legal process so you can focus on your recovery.