Articles Posted in Slip and Fall

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Your case is NOTHING without evidence.

Just because you’ve been involved in a car accident, slip and fall, dog bite, or you’re in pain does NOT mean that you have a injury case which has merit.

In Ontario, we prove and establish cases through evidence. If you don’t have proper evidence, then you don’t have a case. You can be the nicest person. You can be the most credible and likeable person. You can be the most articulate person. You can have the most catastrophic injuries ever known. You can be experiencing the worst chronic pain EVER; but without the proper evidence, you don’t have a case.

This is exactly what happened to poor Ms. Nandal in her slip and fall case against the Toronto Transit Commission (TTC). (Nandal v. TTC 2014 ONSC 4760 CanLii)

On or about the 18th day of November, Ms. Nandal was walking down the staircase at the TTC’s Kennedy Station in Scarborough, when she alleged to have “slipped and fell on slippery and debris strewn steps, falling down approximately 15 stairs, and suffering severe injuries“.

The gist of this is that Ms. Nandal alleges that she slipped and fell on some sort of debris or garbage, causing her to fall down a lot of stairs. The result was that Ms. Nandal fractured her clavicle.

Ms. Nandal sued the TTC under the Occupiers’ Liability Act, for failing to keep their property safe for public use. Ms. Nandal argued that the debris or the slippery stairs presented a hazard which the TTC knew, or ought to have known of, and failed to clean it up.
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When I was young, there wasn’t such a thing as a cool pair of winter boots. There certainly wasn’t such a thing as a must have winter jacket. Wait a minute. There was such thing. First it was the “SunIce” ski jacket which was very popular. Then, it became the black team apparel “Starter” jackets with hoods branding such teams as the Chicago Bulls or the LA Raiders; which had their logo on the breast and across the back of the coat. Am I dating myself? Perhaps.

But, for the purpose of this Toronto Injury Blog post, dating myself doesn’t matter.

Winter apparel has always been an industry in and of itself. I just think that it’s blown up in the past few years. Yesterday, Canada’s biggest name in winter gear, Canada Goose sold a majority stake in their family owned/operated company to US Venture Capitalists, Bain Capital. The same Bain Capital that Mitt Romney ran. Details of how much money the deal was for have yet to be disclosed, but from what I understand, the deal is worth somewhere in the 9 figures. If the people at Bain are willing to invest over $100 million in to a winter apparel company, then that should tell you something about Canada Goose’s product and brand.

But, Brian, how on earth does this relate to personal injury law?
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If you or a family member is the victim of a fall on snow, ice, or slippery winter conditions, the following Toronto Injury Law Blog Post is a “must read“.

If you’re just a legal keener interested in somewhat educational legal read, this Blog Post is “pretty cool”; as the kids would say.

It’s not just little old ladies who slip, fall and hurt themselves during the winter months. It happens to everyone, of all ages, shapes and sizes. Physically fit, or not so trim. It doesn’t matter. Snow and ice doesn’t discriminate.

First thing you should know, and which you or a loved one should do after a winter slip and fall is take a picture of the area where you slipped and fell. Chances are that if you don’t the area will have changed significantly. Guilty property owners are notorious for clearing up patches of ice after the fact.
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Calls resulting in injury from winter time trips, slips and falls are very common at our law firm. We see an increased amount of calls as a result of slipping on snow, ice, black ice, cracked pavement, slush and general wet conditions around the winter time. And for good reason. The weather in such places as Toronto, London and Peterborough is frankly quite bad, and puts everyone at greater risk of injury. If you were living in a warm climate, you wouldn’t have to worry about any of the winter hazards which Ontarians encouter every day having to endure our harsh winters. My parents would tell me that we have it good compared to the cold, ice and snow which they experienced in early Toronto. It’s a fact that our winters are less harsh then the winters which we presently experience; but I will have to leave that explanation to a climatologist from Environment Canada.

Quick injury lawyer factoid: Did you know that you can check the amount of snow fall/precipiation using the Environment Canada website? This is a handy tool for any winter time slip and fall claim in order to establish how much snow was on the ground the day of; or the days leading up to the accident. If one of our clients slipped and fell on a large patch of ice, we can tell from the Environment Canada website whether or not the property had been maintained based on the weather and precipitation/snow patterns.
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