As a Property Owner Can I Be Sued If My Walkway Pavers are Uneven and Someone Trips and Falls?
Do you have interlocking pavers at your home or business that are sinking, raising, or otherwise forming a trip hazard? Now is the time to make repairs, before someone trips and falls. If someone is injured due to a trip and fall on your property, they will be able to sue you to recover for their harms and losses. This includes claims for money for pain and suffering, as well as economic losses such as lost wages, healthcare expenses, and household services expenses.
To recover for a trip and fall injury, the injured party must be able to establish liability. That is, they must prove that the owner of the property was negligent. In the case of uneven pavers with no signage or markings to warn pedestrians, there is certainly a good chance that the property owner will be found responsible and required to pay the injured party for their harms and losses.
Although many trip and fall accidents are relatively minor events, do not underestimate the harm that can result from pavers or other walking surfaces that are uneven or otherwise in disrepair. Some trip and fall accidents result in serious orthopedic injuries, like broken ankles, wrists, and elbows, often requiring surgery and a lengthy rehabilitation. In some instances, a trip and fall can lead to head injuries, traumatic brain injuries, and in rare circumstances, even death.
If you have been given notice that someone was injured on your property it is important to notify your insurance company immediately. Most claims for personal injury arising from a trip and fall accident are defended and paid by the homeowner or commercial insurance policy for the property.
Need Help After a Trip and Fall Injury? Call Our Injury Law Firm 24/7 to Request a Free Consultation
If you have questions about a trip and fall accident in Ontario and would like to speak with an experienced lawyer, call toll free anytime 24/7 at 866-234-6093 or a free consultation with one of our lawyers. You can also request help by completing our online contact form here.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".
Toronto Injury Lawyer Discusses Your Rights if Injured in a Trip and Fall Accident
Trip and fall accidents can have serious consequences. We often walk past uneven surfaces and trip hazards in parking lots, walkways and shopping malls. Thankfully, most of the time, we see the hazard and avoid it. Other times, we might trip, but manage to stay up or otherwise avoid injury. Unfortunately, sometimes, trip hazards can be concealed or difficult to see, and a fall can be sudden and hard. Serious injuries can result from trip and fall accidents, including broken ankles, hip injuries, and other orthopaedic injuries, as well as herniated discs or other spine injuries.. Sometimes, serious head injuries occur as a result of a slip and fall accident.
If a serious injury occurs, you may be off work, or incur other damages in addition to your pain and suffering. For most victims of trip and fall accidents, there will be insurance in place to protect the property owners, managers, contractors, and occupiers in the event that someone is injured on their premises.
Ontario trip and fall and slip and fall accidents are the most common premises liability claims. Laws dictate that property owners must provide safe, secure, and properly maintained premises.
Common causes of slip and fall injuries in Ontario include:
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Toronto Trip and Fall Injury Lawyer Discusses Accidents Due to Uneven Surfaces and Poor Lighting Conditions
Toronto Trip and Fall Accident Due to Low Lighting
Trip and fall accidents are particularly common where there are uneven surfaces, such as holes, divots depressions, steps, and dim or low lighting conditions. Property owners need to provide sufficient lighting or other markers or warning to guests in order to identify the presence of uneven surfaces. When a property owner in Ontario fails to provide sufficient lighting, or other markers or warnings of an uneven surface, the consequences can be severe. A person may not be able to see and appreciate the presence of a trip hazard. Such falls often result in serious injuries. Trip and fall accidents can result in orthopaedic injuries such as fractures to leg and ankle bones, often requiring surgery and insertion of plates and screws. These injuries can, and often do, result in lifelong problems associated with pain and reduced function and range of motion. In addition to bone fractures, a serious trip and fall accident may also result in a head injury or traumatic brain injury. Rarely, a trip and fall accident can result in death.
If you or a loved one has been seriously injured as a result of a trip and fall due to the poor condition or maintenance of property, contact a Toronto trip and fall accident lawyer at Iacobelli Law Firm for a free consultation.
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