Unseen Dangers: Unconventional Slip and Fall Injuries in Toronto

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When you think of slip and fall injuries, you most likely imagine someone slipping on a wet floor in a grocery store or tripping over an uneven sidewalk. While these are common ways people are hurt in slip and fall accidents, there are various, more unconventional ways people can be hurt in a slip and fall accident. In fact, according to the Canadian Institute for Health Information (CIHI), falls account for over 1.6 million emergency department visits in Canada each year, with many of these occurring in less obvious, often overlooked situations. Understanding what unconventional slip and fall hazards are can not only protect you but also help you build a stronger case if you ever need to pursue a legal claim.

What Are Unconventional Slip and Fall Injuries?

Unconventional slip and fall injuries happen in places or under circumstances that aren’t typically associated with such accidents. These injuries can be just as severe, or even more so, than those that occur in more common settings. Consider, for instance, a dimly lit, narrow staircase in a trendy Queen Street restaurant, a cluttered floor in a high-end Yorkville boutique, or a slippery dock at a cottage in Muskoka. These are all locations where you might not expect to fall, yet they can pose significant slip and fall dangers.

So, what makes these slip and fall injuries unique and more complicated? For one, proving liability can be more challenging when the location or circumstances of the fall is uncommon. The property owner’s negligence may not be immediately apparent, and gathering evidence to support your case requires a more nuanced approach.

Can You Sue for a Slip and Fall Injury in an Unconventional Location?

Absolutely. The principles of premises liability apply regardless of where the slip and fall occurred. If the property owner failed to maintain a safe environment or didn’t adequately warn you of potential hazards, they could be held liable for your injuries. However, unconventional slip and fall cases often require a more detailed investigation. For example:

  • Private Residences: Suppose you slip and fall at a friend’s house during a casual get-together. Perhaps the staircase was poorly lit, or the floors were overly waxed. While suing a friend might be uncomfortable, their homeowner’s insurance typically covers such claims. None will be costs will be covered by the friend. Statistics Canada shows that over 50% of falls among older adults occur in a home environment, highlighting the importance of safety in private residences.
  • Outdoor Recreational Areas: Whether it’s a park, basketball court, marina, or hiking trail, outdoor areas can present various hazards. Slippery docks, uneven walking paths, potholes or unmarked obstacles can lead to severe injuries. Parachute Canada reports that falls are the leading cause of injury-related hospitalizations in Canada, with outdoor recreational areas being common sites for these incidents. Proving negligence in these cases often involves showing that the property owner or manager knew or should have known about the hazard but failed to address it.
  • Workplace Settings: Many people think of workers’ compensation for workplace injuries, but if you’re visiting a business and slip on a freshly mopped floor with no warning signs, you may have a personal injury claim. This applies even if the fall occurs in an area not typically accessed by the public, like a back storage room. The Ontario Ministry of Labour reports that slips, trips, and falls are among the most common causes of workplace injuries, accounting for nearly 20% of all lost-time injury claims.

What Are the Common Injuries from Unconventional Slip and Fall Accidents?

Unconventional slip and fall injuries can be as varied as the scenarios in which they occur. Here are some examples:

  • Head Injuries: Falling on a hard surface can often lead to traumatic brain injuries (TBI), concussions, or skull fractures. According to the Brain Injury Canada Foundation, falls are the leading cause of TBIs in Canada, contributing to 47% of all brain injury-related hospitalizations.
  • Spinal Injuries: A fall down a poorly lit staircase or off a slick dock can cause serious spinal injuries, including herniated discs or even paralysis. The Rick Hansen Foundation states that falls are the second leading cause of spinal cord injuries in Canada, representing about 30% of all cases.
  • Broken Bones: Fractures are common in slip and fall accidents, especially in the arms, wrists, and hips. A fall in an unconventional setting, such as on a boat deck or in a rustic cabin, can complicate recovery due to the remote location and delayed medical attention. According to Osteoporosis Canada, over 35,000 hip fractures occur annually in Canada, with falls being the most common cause.
  • Soft Tissue Injuries: Torn ligaments, sprains, and strains are also frequent results of slip and fall accidents. These injuries can be incredibly painful and may limit your mobility for weeks or months. Statistics from Workplace Safety and Insurance Board (WSIB) indicate that soft tissue injuries are one of the most common outcomes of falls, particularly in workplace environments.

How to Prove Liability in Unconventional Slip and Fall Cases?

Proving liability in unconventional slip and fall cases often requires a more strategic approach compared to traditional cases. Here’s how you can build a strong case:

  1. Gather Evidence Immediately: Whether the fall occurs in a friend’s home, a park, or a boutique, document the scene as soon as possible. Take photos of the hazard, the surrounding area, and your injuries. Collect witness statements if anyone saw the accident. According to the Insurance Bureau of Canada (IBC), documentation is crucial in 80% of slip and fall claims that are successfully settled.
  2. Report the Incident: Notify the property owner or manager immediately. In cases involving private residences, make sure the homeowner documents the incident. In commercial settings, ask for a copy of the incident report. The Canadian Bar Association (CBA) notes that timely reporting significantly strengthens a slip and fall injury claim.
  3. Seek Medical Attention: Even if your injuries seem minor at first, see a doctor. Not only is this crucial for your health, but medical records also serve as important evidence in your claim. The Canadian Institute for Health Information (CIHI) found that prompt medical attention leads to more favorable outcomes in 65% of slip and fall cases.
  4. Consult a Slip and Fall Injury Lawyer: Given the complexities of unconventional slip and fall cases, it’s wise to consult a lawyer who specializes in personal injury law. They can help you navigate the legal process, gather additional evidence, and negotiate with insurance companies. Data from the Law Society of Ontario shows that represented claimants are more likely to receive higher settlements, with a 70% success rate in personal injury cases.

What Should You Do If You Experience an Unconventional Slip and Fall Injury?

If you’ve experienced a slip and fall injury in an unconventional setting, the steps you take afterward are crucial to the success of your case. Here’s a checklist to guide you:

  • Ensure Your Safety: Move to a safe location and assess your injuries.
  • Document the Scene: Take photos, note the time and date, and collect contact information for any witnesses.
  • Report the Accident: Notify the property owner or manager and request an incident report.
  • Seek Medical Help: Visit a healthcare professional for an evaluation, even if you feel fine initially.
  • Contact a Lawyer: Reach out to a personal injury lawyer who understands the intricacies of unconventional slip and fall cases.

Why Choose Bergel Magence for Your Slip and Fall Injury Case?

At Bergel Magence, we have 50 years of experience handling a wide range of slip and fall injury cases, including those that occur in unconventional settings. Our experienced team of legal experts understands the unique challenges these cases present and will work tirelessly to ensure you receive the compensation you deserve. We are Southern Ontario’s personal injury law experts. We believe that no matter where your accident occurs, you have the right to a safe environment.

If you or a loved one has been injured in a slip and fall accident, whether in a traditional or unconventional setting, contact Bergel Magence today. Visit www.bergellaw.com or call us at 416-665-2000 to schedule a consultation.

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