Ottawa Slip, Trip & Fall Injury Lawyers
Slipping and falling due to dangerous or hazardous conditions is the most common type of premises liability cases. The law in Ontario stipulates that the owner of a property must take reasonable care for the safety of any visitor or guest who is on their premises. An owner or occupier of a property who is aware, or should have been, of the presence of a dangerous condition on their property must remove the danger or warn anyone who might encounter it. If you were not warned and slipped and fell as a result of that dangerous condition, you may have a claim against the negligent owner.
Slip and fall accidents can happen anywhere, at any time of year. Slipping on ice and snow is common in the winter, but slips and trips can occur in shopping malls, grocery stores, on escalators or stairs or in people’s homes. Our experienced personal injury team at Tierney Stauffer LLP can help you determine whether someone else may be at fault for your slip and fall accident and whether you have a claim.
Our firm defends the notion that commercial operators and residential property owners have a legal duty to keep their property reasonably safe. They are also responsible for ensuring any foreseeable dangers to individuals who access their premises are addressed appropriately. This may include wiping up a spill, removing debris from the floor or yard, shovelling snow and clearing pathways of ice, or fixing a broken handrail or shelf.
Businesses Should be Proactive about Preventing Slips, Trips & Falls
Commercial establishments need to be especially proactive about protecting individuals accessing their properties for any length of time, regardless of who they are. Regardless of the type of establishment, commercial property owners and tenants owe a duty to protect all visitors, including employees, clients, and the general public from harmful or dangerous conditions. It is vital that businesses proactively identify and eliminate potentially dangerous conditions or hazards on an ongoing basis. Under Ontario’s Occupational Health and Safety Act, businesses with more than five employees are required to appoint a health & safety representative to identify and eliminate dangerous conditions or hazards in the workplace. Organizations with twenty or more employees must appoint a Joint Health & Safety Committee (JHSC) for this purpose.
Businesses or industrial locations where more hazardous materials and risks of injury are prevalent need to be especially cautious. Working with various chemicals, heavy materials, unique storage systems and layouts is the perfect cocktail for harm to a passerby if the business is behaving negligently. Organizations of any size are required to appoint a health & safety representative or JHSC if they are subject to a designated substance regulation.
What is WHMIS?
WHMIS stands for the Workplace Hazardous Materials Information System – a comprehensive plan set up within a business to instruct safe practices with various materials and tasks. This can include slippery cleaning chemicals, soaps, combustible materials and heavy products as well as duties that require extra care to protect employees and visitors. Combined with Material Safety Data Sheets (MSDS) and worker education, following proper WHMIS protocol is essential in protecting against slips, trips and falls. For instance, restaurant employees should be fully trained and aware of their WHMIS and MSDS protocols to avoid injuring themselves, other team members or customers.
Slip, Trip and Fall Risks on Residential Properties
All year round, there are plenty of slip, trip and fall risks on residential properties. For instance, in the winter, homeowners need to contend with snow and ice buildup, and often there is so much accumulation that they struggle to find a place to put it all. Also, summer renovations and home maintenance introduce ladders, saws, worktables, nails hidden in the grass after a deck installation, and all sorts of other safety risks. Homeowners need to be accountable for the conditions of their property, regardless of whether a complete stranger or grandchild is coming to visit.
Contact the Skilled Personal Injury Lawyers at Tierney Stauffer LLP for Assistance with your Slip, Trip or Fall Injury Claim
At Tierney Stauffer LLP, our experienced personal injury lawyers believe in fighting for your rights. Slips, trips, and falls often mean a long and expensive road to recovery, and we aim to help those wronged by negligence obtain appropriate compensation. If you’ve suffered in this way and are looking to hold a commercial or residential property owner accountable, we can help.
We recognize that no two accidents or accident victims are the same, which is why we give each claim the personalized attention needed to bring about the best possible resolution. Call us at 1-888-799-8057 or contact us online to set up a free consultation with one of our experienced personal injury lawyers.