Are All Slip And Fall Cases in Ottawa Compensated?

With the melting snow making the roads and sidewalks unsafe, there have been plenty of slip and fall injury cases reported all over Ottawa and surrounding cities. Whether it is on public or private property, the fact remains that plenty of personal injury claims will be filed.

As a property owner in the city of Ottawa, it is your responsibility to maintain the safety on your property. If someone gets injured while they are on your property due to negligence on your part, you are liable to pay for the damages. That means you will need to make a claim on your insurance and the claim will be paid by your insurance company. What this means is that you will likely need to make an insurance claim and that the claim will go through your insurance company.

However, if you are the victim, you need to know your rights and what to do after you had the mishap. It is essential to know that hiring a personal injury lawyer is important because out of all the cases that are filed, only 25% of the cases get the compensation. The other 75% have to fend on their own which can be expensive. To ensure that your claim is not denied, it is best to hire a good personal injury lawyer. To do that you will need to prove that the property owner’s negligence led to the mishap and the injuries you sustained. The questions that are asked to prove liability include:

  • About the potential parties that are being held liable
  • Did actual negligence happen that led to the accident?

As a victim you or your Ottawa lawyer will try to prove that it was due to the negligence of the owner of the property and the victim was not at fault. However, this is not always the case. There are times, when the victim’s own carelessness or negligent behavior is the cause of the accident.

Proving liability

When liability has to be proven, the victim or the personal injury lawyer representing him or her has to prove that:

  • Property owner should have recognized the hazard on the property which can be recognized as a dangerous. This includes snow/ice or uneven walking surface or even a pothole.  Did the owner recognize it and remedy the situation or neglected it?
  • Did the employee/property owner create a situation which led to the slip and fall mishap? This can include hazardous obstacles in the path of travel, reason to trip and fall down. Leaving the snow on the road adjoining your property can be a reason for slip and fall and the owner is liable.

Irrespective of the fact how the injury happened, as a victim you deserve justice and compensation. If you have a role to play, chances of the compensation amount being low can be anticipated. However, if the lawyer is able to prove that the property owner was at fault, you will be compensated adequately depending on the injuries.