Slips, Trips, and Falls

Slips, Trips, and Falls

Slips, trips, and falls are some of the most common causes of injuries in Ontario. From improperly cleared sidewalks to dangerous construction zones, slip-and-fall accidents can happen in a variety of settings and at any time of the year. These accidents can also lead to serious injuries, especially for the elderly or disabled. If you have been injured in a slip-and-fall accident, contact us at Martin & Hillyer today for your free consultation. With over 40 years of experience serving clients in Burlington, Oakville, Milton, Georgetown, and throughout the Halton Region, we can help you determine the feasibility of pursuing a claim. Depending on the circumstances surrounding your own accident, such as where it took place and the conditions of the surrounding area, you may be able to pursue a liability claim.

What our qualified, personable lawyers can help you with:

  • Helping injured people acquire compensation for their pain and suffering, wage loss, medical expenses, rehabilitation etc.
  • We represent slips, trips and falls on public and private properties, government property as well as workplace injuries.
  • Proactively identify client’s needs and secure credible evidence to be successful in litigation and insurance disputes.
  • We focus on acquiring and continuing income benefits after the accident has taken place.

  • What You Need to Know about Liability and Who’s Responsible

    What You Need to Know about Liability and Who’s Responsible

    • Where your accident takes place will largely determine who may be held liable.

      • Commercial property includes shopping centres, restaurants or stores. The property owner can be held liable.
      • Private Residence would be someone’s home. The property owner can be held liable.
      • Public property comprises sidewalks or streets. Whichever level of government responsible for that area can be held liable.
      • Other government property such as a public bus, airport, or inside other government buildings.
    • Whichever level of government responsible for that area can be held liable. Keep in mind that pursuing claims against government entities can be a lot more difficult than pursuing them against business owners and private individuals. Be sure to talk to our expert lawyers as soon as possible if your accident happened on government property!


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  • What You Need to Know about Liability and Who’s Responsible

    What You Need to Know about Liability and Who’s Responsible

    Where your accident takes place will largely determine who may be held liable.

    • Commercial property includes shopping centres, restaurants or stores. The property owner can be held liable.
    • Private Residence would be someone’s home. The property owner can be held liable.
    • Public property comprises sidewalks or streets. Whichever level of government responsible for that area can be held liable.
    • Other government property such as a public bus, airport, or inside other government buildings.

    Keep in mind that pursuing claims against government entities can be a lot more difficult than pursuing them against business owners and private individuals. Be sure to talk to our expert lawyers as soon as possible if your accident happened on government property!


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What Counts as Negligence? When can a property owner be liable for negligence?

What Counts as Negligence? When can a property owner be liable for negligence?

Property owners all have a responsibility to ensure that their property is reasonably safe for visitors and public use. Failure to do so could lead to a claim of negligence against the property owner.
  • In the winter, for example, property owners need to ensure that pathways are clear of ice and snow.
  • Wet or oily floors/surfaces (no wet floor sign to warn of danger)
  • Poor lighting, uneven surfaces, unsecured mats, cables, clutter etc.
Because the conditions that contribute to an accident can change so quickly, gathering evidence--such as taking photos of the scene--and talking to a lawyer should be done as soon as possible. Also, if you do slip or fall while out and about, please remember that some injuries, including very serious head injuries, can take hours and even days to manifest themselves. If you believe you may need medical attention, seek it right away.

The Personal Injury Experts in Burlington Are Here to Help You!

  • Slips, trips, and falls are not accidents that should be taken lightly. In some cases, they can be serious enough that you will have to take time off from work and even undergo rehabilitation. Recovering from an injury takes time and, in most cases, financial resources as well.

  • At Martin & Hillyer, our knowledgeable lawyers can advise you about whether you may be able to file a claim for compensation. We have been serving clients throughout the Halton Region for over 40 years and we have the experience necessary to represent you if you have been injured. Contact us today!

 

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Frequently Asked Questions

PERSONAL INJURY


How much does a personal injury lawsuit cost? What is a contingency fee? What are disbursements?

It’s important for you to understand how your lawyer will be paid. During your initial consultation, we will speak with you in detail about how our legal fees and expenses will work in your specific case so that you understand all your options before deciding if and how you would like to proceed.

Lawyers usually charge fees in one of three ways:

  1. A contingency fee is usually used in personal injury and insurance litigation. Under a contingency fee, you do not pay your lawyer’s fees until the end of your case, and the fee depends on the result obtained in your case. Typically, the lawyer’s fee will be a fixed percentage of any amount recovered on your behalf. This means that if nothing is recovered, the lawyer will not charge you a fee. In this way, the risk of litigation can be shared between the client and the lawyer.

    When you see headlines in advertising such as “no win, no fee” or “you don’t pay unless we win,” a contingency fee arrangement is what is being referred to. But these headlines can be misleading: what counts as a “win?” Do expenses still have to be paid? How is the fee calculated? We believe it’s important that you understand exactly what a contingency fee is, and what it is not.

  2. In most other cases, where a contingency fee is not available, lawyers will charge an hourly rate. When charging on an hourly basis, the lawyer and his or her staff bill you at a set hourly rate for all the time they spend working on your file. Hourly rates are used in most non-litigation work, including real estate, estate planning, corporate and commercial transactions, business law, family law, etc. Hourly rates may also be charged in litigation cases where a contingency fee is not feasible.

  3. A final option is a flat rate fee, which is only used for routine legal services such as notarizing a document or drafting a simple will or power of attorney.

In addition to fees, lawyers will charge for the disbursements they have to incur when working on your file. Disbursements are expenses that must be paid for over the course of your case and include things like paying court fees, paying doctors for copies of their records or for medical opinions, paying for administrative expenses such as photocopying, couriers and long distance calls, and so on. Disbursements are separate from the lawyer’s fee for the services they provide.

To find out more about the legal fees and expenses that would apply in your case, get in touch with us to arrange a consultation.


How long can I wait to start a personal injury lawsuit? Is there a time limit?

Limitation periods restrict how long a person has to start a lawsuit for most types of lawsuits in Ontario. In most (but not all) cases, a person has 2 years from the date of an injury or loss to start a lawsuit against someone. If someone does not start a lawsuit before the limitation date, in most cases they are unable to ever do so – even if they had no idea a limitation period existed.

Sometimes it is tricky to determine a precise limitation date, particularly if your injuries weren’t (and could not have been) clear right away, or if the incidents that caused your injuries took place over an extended period.

Since the consequences of missing a limitation period are so serious, it is important that you speak with a lawyer as soon as possible after you have suffered a loss so that he or she can tell you what limitation period applies. Even if you think you might have already missed the limitation period, you should speak with a lawyer to confirm, since there are sometimes exceptions and ways around the deadline that could save your claim.

In some cases, in addition to a limitation period, you need to worry about a notice period. This is a period of time within which you need to warn the defendant that you are going to sue them in the future. They usually apply when governments are the defendants.

Notice periods are usually much shorter than limitation periods – for example, in most cases you only have 10 days to warn a municipality if you are going to sue it for a dangerous condition on a sidewalk.

Missing a notice period without a very good reason can prevent you from starting your case at all, so again – make sure you speak with a lawyer as soon as possible to ensure no time limits are missed.


If a city or municipality is responsible for my injury, are there special rules that apply?

If I’ve been injured in a fall, what do I need to prove to be eligible for compensation?

What compensation can I recover if I start a lawsuit?

What are the main stages of a lawsuit?

Will my case settle, or will I have to go to court?

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2122 Old Lakeshore Road
Burlington, ON L7R 1A3


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CONTACT US

  905-637-5641
  905-637-5404

Martin & Hillyer Associates
2122 Old Lakeshore Road
Burlington, ON L7R 1A3

     

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The information on this site is not legal advice, and you should not rely upon it as such. If you have a legal question, you should always consult with a lawyer.
Even if you use this site or consult with us, remember that we are not retained to represent you and no lawyer-client relationship exists unless and until you receive written confirmation from us.