10 tips for examination for discovery of the litigation.
Examination for discovery is a critical and important part of the litigation process. At an examinat...
由 Stefanie PereiraMost common causes of slip and fall accident gas station are:
• Gasoline spills and oil slicks
• Wet floors
• Inadequate lighting conditions
• Gaps, holes, and cracks in flooring
• Sudden change in elevation (unexpected bumps, potholes, curbs)
• Misplaced equipment that create obstacles
• Building code violations like broken steps that create hazardous conditions
These accidents occur either indoors in gas stations that have restrooms or minimarts or outdoors around the pumps or in the parking lot. If you have been injured as a result of a gas station slip and fall accident, the law allows you to seek compensation from the liable party. The Occupier’s Liability Act requires that the occupier of a building (the gas station management in this case) to take reasonable care to ensure that visitors to the premises are safe.
At Grillo Law, we have a track record representing clients in slip and fall accidents at gas stations. When we file a lawsuit, we will gather evidence to prove the gas station management and its contractors did not practice reasonable care as envisioned by the Occupier’s Liability Act. So, what is considered?
• Was the danger foreseeable and did the management take adequate care to prevent accidents? As an example, the management should know that narrow, dimly lit staircases, misplaced equipment, oil slicks, or potholes are potential hazards and should take corrective action. There should also be warnings for people who visit the premises that a hazard exists (like putting a “Caution Wet Floor” sign after mopping).
• Did the occupier act in accordance with reasonably acceptable practice and standards? The occupier may not be expected to clear ice and snow from his premises every half hour, but it is not reasonably acceptable to wait for a whole week.
• Did a system of inspection and maintenance exist? Management must maintain staff to ensure the gas station is safe and there must be logbooks for this.
• Were employees adequately trained to identify and eliminate hazards? Occupiers have an obligation to train their employees on safety issues, including preventing hazards and responding to emergencies.
• Was there a health and safety policy or manual and are employees trained on what to do in case of an emergency? Occupiers are legally obligated to put relevant policies in place to prevent accidents and to take care of emergencies.
• Was the hazard permitted to exist for an extended period? Management must respond quickly to hazards to eliminate them.
Most property owners have liability coverage. We will engage the insurer to ensure we get the most for your injuries. Call us an 416-614-6000 or email us at info@grillo.ca and we will answer any question you may have on your claim.
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Examination for discovery is a critical and important part of the litigation process. At an examinat...
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