Slip and Fall

Published on: February 19, 2025

February is Slip and Fall Season

First and foremost, our thoughts are with the 76 passengers and 4 crew members of Delta Air Lines flight 4819 from Minneapolis to Toronto which crash landed on February 17, 2025 at Pearson International Airport in Mississauga.

Thankfully, nobody died.

There were 18 injuries reported in the crash. We can only imagine that there will be more injuries long after the crash given the trauma of what took place. The thought of ever flying in an airplane again must be daunting for the victims, families, friends along with any others impacted by this accident.

We have never heard of an airplane flipping over and coming to a rest upside down; let alone seen footage of that actually taking place! This is another example of how cameras on phones are quite handy in personal injury cases. In the past, we would only hear that the plane landed upside down. We would have to imagine that happening in our heads, which, is quite difficult to picture. But with cameras on phones which capture the event happening itself, there is no longer any need for anyone to imagine that happening. The picture (video) speaks a thousand words and provides very powerful images of what took place. The same idea (of capturing a picture or a video) applies equally to all different sorts of personal injury cases. Those images don’t have to be as dramatic or jaw dropping as a plane crash landing upside down. It can be as simple as the aftermath of a car crash. Or the damage done to vehicles after a car accident. Or as boring as a patch of ice which had not been maintained by a property owner causing a slip and fall accident.

And on that note, this seems like a good segue to introduce the main topic of this week’s installment of the Toronto Injury Lawyer Blog. Slip and Falls accidents.

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Published on: February 6, 2025

Slip and Fall Checklist

By Goldfinger Injury Lawyers

Slip and Fall season in Ontario continues. Most of the slip and fall cases we see have to deal with winter conditions, like snow, sleet, slush and ice. They are common occurrences in cold weather climates, especially when temperatures have been consistently below the freezing mark for extended periods of time.

So what do you do after a slip and fall?

This edition of the Toronto Injury Lawyer Blog will attempt to give you a checklist of things to do after a slip and fall. While no such list can be completely exhaustive because each case is different, we’ve attempted to narrow down the most important things to do when after a slip and fall case happens.

As with all personal injury cases, the first and most important thing to do is to get the medical attention and care you need. Your safety and health are top priority, and should not be sacrificed. This means getting medical care following your accident and not refusing treatment which has been offered. Why do we mention this? Too often we see people following accidents think that everything is “ok“, only to find out down the road that things are not “ok“. Insurers take advantage of this by suggesting that your injury was not directly as a result of your slip and fall. Rather, your injury is related to something completely different. They try to create the narrative that had your injury been very serious, legitimate, or directly caused by the slip and fall; that you would have sought out medical attention right away, or not refused treatment. Therefore, your injuries must be related to something else not tied to the subject accident. See how that works!

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Published on: January 22, 2025

Helping your slip and fall case get off to the right start

By Goldfinger Injury Lawyers

Winter time slip and fall cases caused by snow, ice or other slippery cold weather conditions are common occurrences in Ontario. But, just because they are common doesn’t mean that we all know what to do after a slip and fall takes place.

It’s common knowledge that when you’re involved in a serious car accident to contact the police. The great thing about police investigations in personal injury cases is that you have a third party making findings at the accident scene itself, and they will record contemporaneous notes. In fact, the police can go one step further and conduct a forensic investigation and event reconstruct the accident as well. But, it’s not so common knowledge to know what to do after a slip and fall accident. The police department does not examine slip and fall cases. There are no police officer’s notes, or reconstruction reports generated by the police after a slip and fall accident.

So, what do you do after a slop and fall accident; particularly in the winter time? Good question! The more you know, the greater chance that evidence will be collected and preserved to better advance and present a personal injury case.

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Published on: November 26, 2024

Bad Weather and Personal Injury Cases Go Hand In Hand

By Goldfinger Injury Lawyers

It’s snow tire time. We’ve had some pretty mild weather thus far in Ontario, but it’s getting to be that time of year. Don’t believe me?

Today the Weather Network announced that Ontario would get hit with its first blast of winter. They are predicting up to 60cm of snow in some regions on account of lake effect snow. They are warning drivers this will be the first hit of winter, with some hazardous winter driving conditions.

A few things to note:

The people/networks which predict the weather are often wrong. These are only weather predictions so they aren’t going to be correct 100% of the time. Catchy headlines are used to engage readers (pay per click). Reporting on the weather that everything is fine and there is nothing to worry about won’t engage as many eyeballs. But predicting doom and gloom entices more people to click and read. So take these predictions with a grain of salt.
Having said that about false weather predictions; we’re certainly due for a meaningful snowfall in Ontario. We are in the last week of November, and we haven’t really felt, or seen the winter. That means it wouldn’t surprise me if we got hit with a winter storm of some proportion. How big, or small that storm will be is anyone’s guess.
The first snowfall of the winter makes for erratic driving! It seems that people forget how to drive when it snows, or they’ve never driven in snowy conditions before. Both statements can be true. Not everyone on our roads knows what it’s like to drive, or how to drive, when it snows. Snow, sleet, slush and ice create unique driving conditions which are only seen in winter weather countries like Canada.
We also see the procrastination of putting on snow tires having an effect. Many people don’t think of putting on snow tires until it’s snowed a few times and their vehicles are sliding around the roads like sleds. They know that they have snow tires, and that they need them; but they wait until it’s too late to get them installed. That’s quite common. It’s recommended that snow tires be changed over when temperatures consistently fall below 7 degrees; even if it isn’t snowing. Snow tires are formulated to grip better when it’s cold. With global warming, this date is going to be more erratic, and get pushed back later and later.
On that note, here is a free marketing opportunity for any tire brand (Michelin, Cooper, Bridgestone etc.) or the tire industry. National Snow Tire Changeover Day. This idea would be good to heightening awareness about snow tires, and giving people a reminder to get them installed. It may also increase sales of snow tires. The companies can also provide incentives to purchasing and installing tires on National Snow Tire Changeover Day. The problem you might encounter is that the day might change depending on the weather. Hot temperatures would delay it, while fast cold snaps might move it forward. The National Date might also vary depending on where you live. You would have different temperatures and climates depending on the province (or area within a province) where you live. In any event, I’m sure that the marketing executives at the tire companies can figure things out. That’s why they’re paid the big bucks.

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Published on: February 22, 2024

More Defendants: More Problems in a Personal Injury Case

By Goldfinger Injury Lawyers

Personal injury cases are never as simple as they might appear to be.

The case of an apparently simple slip and fall, just isn’t so simple.

On the surface, the case is very easy to summarize. A person is walking on a private walkway. The walkway was not properly maintained for the winter. The person slips, falls, and breaks their ankle. Ouch!

On the surface, the Plaintiff would sue the private property owner. That makes total sense. The dynamic of the litigation would be a single Plaintiff against a single insurer acting on behalf of the private property owner.

But that’s not what actually happens.

The private property owner is not a single entity. The property is owned by three different corporate entities (that’s three different defendants). All of these Defendants may have different insurers for the loss, or they may have the same insurer under one policy. Your personal injury lawyer can find this out once the litigation proceeds.

The property owners inform your personal injury lawyer that there was a property management company. That’s an additional Defendant to add to the mix, with a different insurer altogether.

Now that the property management company is added, they inform you that there was a winter maintenance contract in place. That’s a 5th Defendant to the mix.

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Published on: January 12, 2024

SLIP AND FALL SEASON IS UPON US!

By Goldfinger Injury Lawyers

It has been snowy.

It has been slushy.

It has been drizzly.

It has been icy.

It has been icky.

It has been yucky.

It has been dreary.

It has been mucky.

How else would you describe slip and fall season? Few people in Ontario describe the weather in January as hot, humid and hazy, with blue skies and plenty of sunshine. It’s quite the opposite. The days are short. It seems like we haven’t seen the sun shine in weeks. It’s cold, damp, slippery, and dark.

Around this time of year, our law firm sees an uptick in slip and fall, and trip and fall cases. That’s not to say that slip and fall cases don’t happen year round. It’s just to say that in the winter months we see a spike in these sort of cases. Justifiably so. There’s no ice and better visibility in the spring and summer months. Ontario in the winter is full of icy, slush and snow related hazards.

In this instalment of the Toronto Injury Lawyer Blog, we would like to examine the critical importance which liability plays for a slip and fall, or a trip and fall case.

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Published on: August 1, 2023

10 Day Notice Periods for Slip and Fall Cases on Ontario

By Goldfinger Injury Lawyers

Personal injury law is rather strange.

In all cases, the Plaintiff has been hurt or injured. Aside from being hurt or injured, the majority of Plaintiff share another thing in common.

The overwhelming majority of Plaintiffs have never been involved in a civil lawsuit before! That means that they have very limited knowledge about the Court system and how it works. They aren’t familiar with lawyers and legalese. They aren’t familiar with the law and how it works. But most importantly, it’s a message that these Plaintiffs aren’t litigious people. That means that they either don’t know how to sue, don’t want to sue, or want to stay as far away from the Courts as possible. Because let’s face it, the Courthouse is not a pleasant place to be. At the end of the day, the vast majority of Plaintiffs are legally unsophisticated accident victims who were in the wrong place, at the wrong time.

Yet, the Courts treat Plaintiffs who have never sued, never retained a lawyer, or stepped foot inside of a Courtroom like they should know all of the ins and outs of the law. And if they don’t know the ins and outs of the laws, large, highly sophisticated litigants such as insurers get to reap those benefits.

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Published on: February 1, 2023

Slip and Fall Cases in Ontario

By Goldfinger Injury Lawyers

It’s rather chilly in Ontario, with temperatures getting around the negative double digits.

When it gets this cold, ice forms and hardens significantly, making for difficult walking conditions on both public sidewalks, and private driveways and walkways.

Despite the poor walking conditions, there are still some daredevils out there who defy the cold temperatures and dare to wear sandals, flip flops, crocs or other footwear not associated with winter conditions.

So, what happens after a slip and fall case in Ontario? How are these cases started and built up by personal injury lawyers in order to get their clients the compensation which they deserve.

Cases are built upon facts and evidence.

This of these as the primary ingredients to a successful lawsuit. Without evidence, the case is going nowhere fast. You personal injury lawyer cannot simply conjure up evidence out of nowhere. And neither can you. Evidence in favour of your case either exists, or it does not. Some evidence is easy to gather. Other forms of evidence are not, and may need some form of higher power (like a Judge’s Order) to compel production.

Here’s an example of evidence which is easy for your personal injury lawyer to gather and to produce. Things like:

Clinical Notes and Records from the Hospital you attended after your slip and fall accident
Clinical Notes and Records from your Family Doctor or Nurse Practitioner, or the Walk In Clinic you attended after your slip and fall accident
Clinical Notes and Records from your Physiotherapist, Massage Therapist, Chiropractor or Occupational Therapist who you saw after your slip and fall accident
Pre-Accident and Post Accident tax returns which establish your base line pre-accident income, to show that you sustained a loss of income as a result of your slip and fall accident
Your Pre-Accident and Post Accident decoded OHIP Summary showing the doctor(s) you saw; and the frequency you saw those doctors before your slip and fall accident vs. the doctor(s) you saw, and the frequency you saw those doctors post slip and fall accident
Your employment file
Your ODSP File
Your CPP File
Your short term and/or long term disability benefits file
Your collateral benefits file
Your LHIN file
Photographs of your injuries, along with the ice patch which caused your fall (if you took any such photos and preserved them)
The ambulance call report, or the records from the police or fire department if they came to the scene of the accident to assist
Weather records for the days prior to your fall, the date of loss, and the days post slip and fall accident

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Published on: January 5, 2023

Brian Goldfinger’s Top 5 list of where slip and fall accidents happen

By Goldfinger Injury Lawyers

My law firm Goldfinger Injury Lawyers has successfully handled countless slip and fall cases. We have recovered our clients millions of dollars getting them the compensation which they deserve after they’ve been seriously injured as a result of a slip and fall caused by the negligence of a property owner. Please note that past results are not indicative of future results.

People are curious as to where these slip and fall case take place. I’m sure we’ve all seen someone wipe out or fall to the ground. But does this mean that the person will have a successful case? Does this mean that someone will reach out to a personal injury lawyer in order to claim compensation for their injuries, damages, or losses?

This is Brian Goldfinger’s comprehensive list of the top 5 most common places our lawyers see slip and fall cases take place. We are releasing our top 5 list now in the winter time, because this is the time of year where we see the most slip and fall cases happen.

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Published on: November 30, 2022

Behind the Scenes of a Winter Slip and Fall Case

By Goldfinger Injury Lawyers

Winter time means slip and fall accidents on account of snow, ice, sleet a slush.

These slip and fall cases can cause serious injuries to innocent visitors to public (or private) spaces.

Think of a parking lot at a school, university, grocery store, or a shopping mall that isn’t properly plowed, sanded or salted. Or perhaps a local gas station that hasn’t been maintained after some serious winter weather.

After a Plaintiff slips, falls, get hurt; begins the rehab process; what happens next? What happens behind the scenes of such a case.

With years of dedicated assistance to serving innocent accident victims across Ontario, Goldfinger Injury Lawyers has seen countless of these cases. While no two cases are exactly alike; they do share a lot of commonalities. Each case is determined on its own set of facts. Many cases can be similar, but NOT the same.

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