Slip and fall injuries in a shopping mall are very common. There may be many causes of Slip and Fall cases. In case, if you have been injured in a slip and fall accident in a shopping mall and you want to pursue compensation, then take help from slip and fall lawyer at Toronto Grillo Barristers.
Causes of Slip and fall injuries:
The common causes of such injuries are water tracked outside or wet surface, leakage from infrastructure, wrinkled carpet, wet floors, etc.
How to claim compensation?
1) Pursue your claim after you received a slip and fall injury:
The plaintiff person (injured person) has the right to claim for the compensation of the injury from the owner of the property. For that, the plaintiff person should prove the negligence on behalf of the property owner.
2) You need to prove that the defendant breached the duty of taking “reasonable care” of the people visiting the premises:
It is the duty of the management of the property to take “reasonable care” of the people visiting the property premises. The plaintiff person needs to prove that the defendant breached the duty which caused the injury.
3) You cannot claim for the compensation in case of willingly assumed risk:
Section 4 (1) of the law doesn’t allow you to create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.
4) In case of independent contractor involvement, compensation liability is that of the contractor, not the occupier:
Section 6 (1) states that in case if the injury is due to the negligence of the independent contractor hired by the occupier, then the compensation liability is that of the independent contractor.
5) The landlord is also responsible:
If the tenancy agreement states that the landlord is responsible for the maintenance and the repair of the shopping mall, then you should ask compensation from the landlord, not the occupier.
6) Expect exceptions:
Sometimes there may be certain exceptions of a good influential resource of the occupier.
7) Storeowner should ensure his duty of maintenance if the common area is under his control:
Storeowner is held responsible in case of any damage in case if the common area comes under his control.
Why you need a lawyer?
In case of slip and fall injuries, you should hire a slip and fall lawyer at Toronto Grillo Barristers.
Here we completely understand the Occupiers’ Liability Law and guide you rightly so that you get the right compensation for your injuries and losses. Visit us for a free consultation.