The legal term personal injury can refer to any form of injury that has been inflicted upon the body, emotions, or mind of a person during an accident. The victim of such an injury is generally entitled to take matters to court via a claim in order to receive compensation for their losses. Read More
Category: slip and fall
Arguments From Defense In Personal Injury Case
During negotiations and perhaps at a court trial, the plaintiff’s attorney will present an argument that supports the client with the personal injury claim. Each argument’s presentation should cause the defense attorney to present an opposing statement. A good lawyer stands ready for the presentation of such statements. Read More
Ways To Determine Liability In A Slip And Fall Incident
Details on the liability issues that are related to a given slip and fall incident vary. The location of the incident affects the exact nature of such details. Some incidents of that nature occur on private property; some take place on public property. Read More
Time Limits On Filing Personal Injury Claim
Lawyers everywhere make a point of learning the local stature of limitations for filing a personal injury claim. A personal injury lawyer in Ontario, Canada must remind the appropriate clients about other limits in that Canadian province. Those limits get included in the guidelines for the victim of an automobile accident, one that took place within Ontario’s boundaries. Read More
Needed Evidence When Filing Personal Injury Claim
If you know that a negligent act committed by an adult has caused your injuries, you can file a personal injury claim. Naturally, you hope to win that claim, so that you can be compensated for your losses. You would be more likely to win that claim, if you hired an attorney. Among the many tasks carried out by that member of the legal profession, the most important concerns collecting the needed evidence. Read More
What You Need To Know About A Slip And Fall Claim
During the winter months, personal injury lawyers in Waterloo see in increase in clients who have suffered injuries in slip and fall accidents and want to know if they have a claim. Slip and fall accidents can potentially cause a wide range of injuries from simple bruises to fatalities. If you have suffered an injury due to a slip and fall accident, it is often wise to get the legal opinion of an accident lawyer in Waterloo to see if you have a claim within the laws of your particular area. Read More
Dealing With A Slip Or Fall-To-Ground In Ontario
Any Canadian that owns property should pay attention to this fact: Falls are the second highest cause of injury-related deaths among Canadian adults between the ages of 65 and 84 years. Fortunately a property owner in Ontario can take certain steps, in order to avoid joining the other owners of a building/piece of land, those that have been forced to honor a claim made by the victim of such a common accident. Read More
More About Potential Defendants In Slip And Fall Cases
If you have been injured in a slip and fall accident, you normally have a wide leeway of legal actions in front of you. Of course, it’s critical to understand that this is no easy process and that specific and technical information is particularly required so that you can handle the case effectively. Read More
Consult the Best Lawyers On Types Of Personal Injury Cases
The truth is that personal injury law is amongst the broadest and vastest areas of the law. This is due to the fact that it manages to envelop hundreds of potential causes that are going to lead to a case of the kind. With this in mind, it might be a good idea to take a look at some of the most commonly filed cases in Ontario and see the type that they constitute.
Of course, this is the all time leader. Car accidents are responsible for more personal injury claims than all other types combined and multiplied by 10. The truth is that they are truly that common. This is also one of the main reasons for which the legal system in this particular regard is definitively jammed. A personal injury claim is currently going to take you at least a year, probably two years to get a hearing. That’s only a hearing. This is the first and most basic part of the trial.
Slip And Fall Accidents
Ontario in particular, is characterized by its harsh winters. As much as the government and regional municipalities try, it’s impossible to keep the driveways and walk ways defrosted and completely safe at all times. This is why Slip and fall accidents are pretty common. They are usually called premise liability and as the walkways are public property they are considered to be premises of the municipality.
Motor Vehicle Accidents
These are also rather characteristic of the region of Ontario because of the large number of bikers. Sure, there’s nothing more exciting than hitting the road but very often things could go south in a heartbeat. Unlike car accident, motorcycle accidents are usually accompanied with more severe injuries when you stack them comparably. This is because your motorcycle isn’t going to provide you with any kind of additional protection. Basically, you are solely relying on your protective gear which, believe me, isn’t going to do much when you hit a tree with 80 miles/hour.
This is a particularly interesting type of personal injury case because as the area itself, it’s incredibly versatile. While personal injury law is defined by the causes which can constitute a case, professional malpractice is defined by the field of expertise of the professional who’s making the transgression. For instance, we recognize lawyer malpractice, medical, dentist, chiropractic, accountant and many more.
As you can see, these are the most common types of cases which could be constituted as personal injury. The reason for the name is pretty simple – they all cause injuries directly to you and they all involve negligence in one way or another.
If you have been injured due to any of the above mentioned reasons, it is time to hire the services of an expert injury lawyer to represent you and file for compensation from the defendant or the insurance company.
Looking At Slip and Fall Accidents Within Personal Injury Law
Even though it may not seem so, slip and fall injuries have a great impact on the whole institute of personal injury law. The reason for this is because they demand legislation which holds the owners and managers of premises liable for other people’s injuries. They introduce a new principle of responsibility – one in which negligent behavior on behalf of the defendant is not direct as opposed to other fields of expertise in personal injury. This is to say that the defendant himself didn’t directly cause the injuries with his actions but his failure to provide safety environment did. This is why the slip and fall accident is kind of a precedence in the personal injury institute and this is why it demands a lot of attention.
Occupiers’ Liability Act of Ontario
The city of Waterloo is the smallest city of three in the Regional Municipality of Waterloo. It is located in the province of Ontario. This means that it is going to be subjected to the provincial laws as opposed to governmental ones – if there is any difference of course. The province of Ontario abides by the Occupiers’ Liability Act of Ontario when it comes to slip and fall accidents. This particular piece of legislation sets forth clear rules which limit the responsibility in a way and provide us with concise definitions and instructions.
The law clearly stipulates that besides the actual owner of the premises, the one who has the authorities and obligations to take care of the premises is also held accountable for any accidents. However, the accident must have occurred while the customer enters the premises. However, the law extends this rule and people who have slipped while simply standing on the premise can also claim for compensation. On the other hand, the law also provides clear definition for premises. These are all grounds and constructions which allow access for people. The most common example includes commercial facilities such as stores and malls and what not.
The Occupiers’ Liability Act of Ontario has never been amended. It was consolidated back in 1991 on the 31st of December and it has full effect over the city of Waterloo ever since. However, the fact that the law has never been altered means that it has been properly drafted by taking into consideration the eventual trends and changes in the legislation. This is incredibly convenient because the laws are supposed to protect the rights of the people. The penalties in them are intended to be preventive measures in order to stop people from committing certain misconduct.
This is why it’s important that the laws are actual and up to date in order to satisfy the demand of current social trends. If you have been in a similar situation, maybe it isn’t too late to contact a personal injury lawyer today.