Navigating Slip and Fall Accidents in Stores: Know Your Rights and the Store’s Liabilities

| Personal Injury Lawyer

Slip and fall accidents are common and can happen to anyone at any time and place. A slip and fall at a grocery store can cause physical injuries and emotional scarring. You might be surprised to learn that slip and fall accidents are Ontario’s leading cause of personal injury claims. Therefore, it is essential to understand the legal implications of a slip and fall, including how you can seek compensation for your injuries. There are numerous causes of slip and fall accidents, the most common being poorly maintained premises. Taking the proper steps after a slip and fall safeguards your rights and increases your chances of recovering the compensation you deserve.

Reasons for Slip and Fall Accidents in Stores

Slip and Fall Accident at a Department Store

No one expects to sustain a severe injury when performing a routine task like buying groceries. However, grocery store slip and fall accidents are common and could lead to severe injuries depending on the circumstances.

A slip and fall at a grocery store can occur due to many factors. The leading causes of slip-and-fall accidents are:

  • Wet or Slippery Floors: Wet grocery store floors due to rain, snow, or spills can lead to slip-and-fall accidents. A property owner must address these risks promptly by using non-slip mats, placing warnings, and cleaning and maintaining the floors.
  • Poor Lighting: With proper lighting, it is easier to spot a hazard. However, a slip and fall in a store can occur with poor lighting.
  • Uneven Surfaces: A slip-and-fall accident can occur due to uneven surfaces, like cracked flooring or pavement. A property owner must inspect their property regularly and make necessary repairs.
  • Loose Carpet or Flooring: A person can trip or lose balance due to damaged or loose carpet or flooring, causing slip and fall at a grocery store.
  • Icy or Snowy Conditions: Icy and snowy conditions, especially during winter, could pose a significant hazard.
  • Objects or Debris on the Ground: If debris or objects like cords, equipment, or boxes are left on the floor, a slip and fall can occur.

What is the inherent risk of slip and fall outside a store? A slip-and-fall accident can cause significant injuries that could negatively impact your life. The injuries can be short-term or long-term. The possible harms of slip and fall are physical injuries, pain and suffering, lost income, hefty medical bills, or even death.

Slip-and-fall grocery store settlements in Canada revolve around the principle of negligence. A property owner or occupier could be liable when a slip and fall occurs due to negligence. A property owner has a duty to identify, remove, and warn people about the potential hazards on a property.

Can You Sue for Slip and Fall at Grocery Store?

Can you sue for a slip and fall at the grocery store? Understanding your rights can enable you to take proper action when involved in an accident. The Ontario Occupiers Liability Act states that any person who physically possesses a premise is responsible for ensuring that the people lawfully present on that property are safe. Therefore, if you slip and fall at the grocery store due to the management’s negligence, you could hold the company liable for your injuries.

The main element in slip and fall accidents is whether or not a hazardous condition was present at the premises. If you prove a store’s liability for slip and fall accidents, you can base your claim on this fact. A property owner could be responsible for a slip and fall accident if you prove these elements:

  • The property owner knew or should reasonably have known that a dangerous condition was present on the property
  • Despite having this knowledge, the property owner did not address the situation
  • The slip-and-fall accident victim acted reasonably at the time of the accident

You need an aggressive lawyer to fight on your behalf to prove these elements.

Slip and Fall Outside of Store: Preventive Measures

Slip and fall accidents do not only occur inside the premises. A slip and fall outside of a store can also occur. Grocery store owners must reduce the risk of accidental falls. The common causes of slips and falls outside of stores include wet or oily surfaces, weather hazards, occasional spills, and varying degrees of traction on walking surfaces like pavements. Falls could also occur due to poor lighting, obstructed view, and clutter in the way.

Slips and falls mainly occur because of unexpected changes in the contact between the feet and the walking surface. Grocery store owners can prevent the inherent risk with slip and fall outside the store through good housekeeping, including:

  • Maintaining dry floors by cleaning spills promptly
  • Marking wet and slippery areas
  • Mopping and removing debris from floors
  • Removing obstacles and clutter from walkways
  • Keeping the premises well-lit

Grocery store owners can also prevent falls by maintaining the flooring. Changing or modifying walking surfaces can help to maintain safe conditions. Investing in non-slippery flooring also contributes to slip-prevention measures.

Can you sue a store for a slip and fall? You can sue a store and seek compensation by proving the owner negligent. Store owners have a legal duty to maintain safe premises for clients.

What to Do After a Slip and Fall Accident?

Slip and fall accidents are one of the leading causes of injuries in Canada. Yet, many people are still unsure of the steps to take in a slip and fall accident. Some people are shocked when they discover they have rights in a slip and fall accident. However, you are not automatically entitled to compensation after a slip and fall accident. You must prove the negligence of the liable party.

What happens when you slip and fall at a store? Here’s what you should do following a slip and fall accident:

  • Document the Incident: It is crucial to notice the place, date, and time when the slip and fall accident occurred. If any person witnessed the incident, request for their contact details. This information will come in handy when proving a store’s liability for slip and fall accidents.
  • Write Down the Crucial Details: Write down all the crucial details when the incident is still fresh in your mind. Note down what you believe caused the fall and the injuries you suffered.
  • Seek Medical Treatment: Seek medical treatment for your injuries and obtain a medical report outlining your injuries and treatment procedure.
  • Contact a Lawyer: If you suffer injuries in a slip and fall accident, you should immediately contact a lawyer.

The Role of Business Liability Insurance in Slip and Fall Accidents in Grocery Store

The Occupiers’ Liability Act regulates slip and fall accidents in Ontario. According to this law, an occupier has a duty of care and must ensure the safety of all entrants to their property. Depending on the circumstances, an occupier can be the property owner, tenant, or property manager. When filing a slip and fall in a store lawsuit, you must prove that the occupier breached their duty of care as outlined by the Occupiers’ Liability Act. If you suffer slip and fall in a store, it is crucial to seek the assistance of an experienced slip and fall lawyer. A lawyer will help you pursue fair compensation for your damages.

Slip and Fall Grocery Store Settlements in Canada

What happens when you slip and fall at a store? Proving negligence in a slip-and-fall accident can be challenging. You must establish several factors to access the compensation that you deserve. First, you must prove that your fall resulted from the property owner or occupier’s negligence. The liable party could be the property owner, manager, or occupier, depending on where you fell. You could also sue the workers or contractors responsible for maintaining the property. Your lawyer will help you to identify the liable party.

The settlement you can obtain in a slip-and-fall in-store lawsuit mainly depends on how well you document your injuries. After a slip-and-fall accident, you must preserve every piece of evidence. Gather evidence from the accident scene, including what you slipped on. Contact an experienced personal injury lawyer to have your claim filed promptly and accurately.

Timing is critical when filing a slip and fall accident lawsuit. You will have up to two years after the accident to initiate a lawsuit. Your personal injury lawyer will review the available evidence, contact the property owners or occupiers, and negotiate favourable terms for your claim.

Several factors will determine the amount you can recover in a slip and fall accident claim. The factors include:

  • The Severity of Your Injuries: The more severe the injuries suffered, the higher the compensation you can recover.
  • Medical Expenses: The cost incurred in seeking treatment for your injuries will also determine the amount of compensation you can recover.
  • Lost Income: If you have to take some time off because of your injuries, you can seek compensation for the lost income.
  • Liability: The compensation will also depend on who is liable for the accident. For example, if you are partially to blame for the accident, your compensation will be reduced depending on the degree of fault.

Final Thoughts on Grocery Store Slip and Fall Accidents

Life is full of uncertainties, and an unfortunate event like an injury could occur when you least expect it. Slip and fall accidents can occur anywhere, including at a grocery store. What happens when you slip and fall at a store? Depending on the circumstances of the accident, you could be entitled to compensation. Calculating the compensation you deserve can be challenging. You can only access compensation for the damages sustained due to the accident. You can’t seek compensation for pre-existing conditions. You must file the claim within two years from when the accident occurred. You could lose your right to compensation if you wait too long before filing a claim. You need an experienced lawyer to guide you through the claim process.

CALL 1-855-225-5725 for a FREE consultation regarding your accident benefits claim.

Remember, you will not pay any fees until your case is won or settled.

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