Filing A Claim If You Have Slipped And Fallen In A Restaurant

In Ontario, slip-and-fall injury compensation is governed by the Ontario Occupiers’ Liability Act. The law outlines liability in a slip-and-fall accident as well as what is required to successfully secure compensation. The law also explains “duty of care” upon which negligence claims in slip-and-fall accidents is based.

Duty of Care

The most important aspect of the law states that “An occupier (such as a business or property owner) owes those entering the property a duty to see that they are kept reasonably safe while on premises.” The term “duty of care” means that the business owner (occupier) must act towards the general public with an established minimum of care, prudence, and attention as would any other reasonable entity or person acting in a similar situation.

This duty of care is applicable whether the hazard is as a result of an activity that occurs on the property or as a result of the condition of the property. The law ensures the occupier does not hide behind “assumptions” that the building is safe. The law establishes a duty to:

• To inspect premises and remedy potential hazards such as water leaks in the restrooms, dropped menus or napkins on the floor, and dropped food.
• To post sufficient signs to warn of hazards such as “Step Down” or “Slippery Floor”
• To remove snow and ice from accessible sidewalks, parking lots, and walkways
• To install such safety features as high-traction flooring, non-slip rugs, security cameras, outdoor and indoor lighting, smoke alarms, stairway railing, and sprinkler systems.
• To hire qualified contractors and builders to build, maintain, and update safe premises
• To respond in a timely manner whenever a hazard is noted
• To prohibit access to unsafe areas

How to File a Claim if you Have Slipped and Fallen in a Restaurant

At Grillo Law, we have been representing plaintiffs in personal injury claims for over 30 years. Once you enlist our services, we determine if the occupier practiced duty of care. If the claim has merits, we will advise you to file a claim and on how much you should seek.

Most occupiers have liability insurance covers. We will engage the insurance company and seek compensation for:

• Current and future medical expenses, including medication, medical equipment, rehabilitation, and therapy costs
• Loss of income
• Pain and suffering
• Loss of enjoyment of life

If there is no out-of-court agreement with the insurance company, we will file a lawsuit in court. Note that in many areas of Ontario, it is mandatory to participate in mediation. If there is no agreement to mediate, the claim may proceed to a pre-trial or trial if the parties are unable to arrive at a settlement.

Our team will help you throughout the slip and fall accident restaurant process. This gives you sufficient time to recover from your injuries. It also ensures you do not miss anything.

E-mail us on info@grillo.ca or call us on 416-614-6000 for a FREE private and confidential consultation about the merits of your case and for answers to any question you may have.