Slip and Fall Accidents at Parking Lots

Approximately 17% of time-loss injuries that are accepted by workers’ compensation commissions and boards across Canada are as a result of slip and fall accidents. These accidents are the second leading cause of accidents in Canada.

Parking Lots are a Common Source of Slip and Fall Accidents

Slip and fall accidents are caused by slips, which occur when there’s not enough traction between your footwear and the ground such as when the surface is too oily, wet or icy and by trips which occur when your foot hits an object. These accidents are often serious, causing such injuries including major fractures of the hips, pelvis, knees, ankles, and wrists, along with hands along with sprains and strains. Head injuries may also result along with post-concussion symptoms.

Parking lots are a common source of slip and fall accidents. Toronto winters are cold with frequent snow. Temperatures are usually below 0 °C (32 °F) in winter months. Winters sometimes feature cold snaps with temperatures below −10 °C (14 °F) and this often feels colder because of wind chills. Temperatures below −25 °C (−13 °F) are also common. It is, therefore, not surprising that ice and snow are the major contributors to slip and fall accidents. Common causes of slip and fall accident parking lot are:

• Depressed areas in the asphalt collect water, turning into an icy patch
• Black ice
• Piles of snow and ice missed during snow removal or left behind after snow removal
• Slick streams of ice from melting snow from the roof and other elevated surfaces
• Broken/uneven ramps or steps
• Poor lighting
• Cracks in the surface
• Hidden obstacles
• Tire stops
• Antifreeze and oil spills from parked cars
• Unsafe steps and stairs
• Hidden curbs and elevations in the ground

The Law on Slip and Fall Accidents

Under the Occupier’s Liability Act S. 3(1), the occupier of a premise has an obligation to ensure that the premise is safe to all who enter the property. This is true for both indoor and outdoor spaces.

The law requires the occupier to do regular checks, to do maintenance, to put up warning signs, to have policies in place, and to take all other necessary action to prevent slip and fall accidents.

Making a Claim

Contact a lawyer to represent you in a parking lot slip and fall accident. For your claim to go through, you will need to provide proof that the party you are suing was negligent. Photographic evidence, medical evidence, and details of the accident such as the time and place of the accident will help your claim. Witnesses are also invaluable in a slip and fall claim.

At Grillo Law, we have been helping victims of slip and fall accidents seek damages for lost wages, physical therapy and occupational therapy, medical care, personal support workers/attendant care, prescription medication, pain and suffering since 1984.

Most parking lot management companies have liability insurance, meaning you will be dealing with the insurance company on the claim. If no agreement is reached, the case will proceed to litigation and ultimately trial. We have a strong track record of achieving out-of-court settlements and winning at trials involving slip and fall accidents.

Call us today at 416 614 6000 for a FREE consultative session where we will advise you on the merits of your claim.

Additional articles

Who Could Be Liable for Compensating You After a Slip and Fall Accident?

Slip and fall accidents are relatively common and in many cases someone else is held legally at fault. Property owners have a duty to look after their property. They must warn visitors of any dangers that they face. That duty extends beyond the property to the sidewalks and parking lots adjacent to the property. When these are not maintained, they can create slip and fall hazards for the people using them.

Any property owner who is serious about the upkeep of the grounds would have to conduct regular inspections and follow these up with repairs and maintenance.

Common causes of falls

• Ice – In the winter months ice accumulation in parking lots and on side walks can be particularly treacherous and can cause a nasty parking lot accident. Ontario residents will have experience on how difficult it is to stay on your feet in icy conditions.
• Sleet and snow – that is not attended to is also a major concern and can lead to a parking lot accident.
• Pavement defects and potholes – uneven and cracked pavement and parking
• Poor lighting
• Spills and debris – spills particularly oil spills can cause nasty slip and fall accidents. Debris represents a trip hazard.

So, who is responsible?

Working out who is liable for injuries that result from a slip and fall accident is not as simple as one would think. In some cases, more than one party might be liable for compensation. The best way to ensure that you receive the compensation that you deserve is to identify upfront all of the parties who may carry responsibility for the compensation.

• The owner – property owners have a duty to ensure that their property, parking areas and the adjoining sidewalks are in a good state of repair. They must regularly inspect the property and maintain the area. Signs should warn guests of potential hazards.
• Business or property operators – many business owners rent the property that they use for their commercial enterprises. Their lease should specify their liability in terms of who has to maintain the parking area. If it is the responsibility of the lessee, then they will face liability if there is a parking lot accident. Even if they were not responsible for the upkeep of the parking area but knew about a dangerous situation and did not inform the owner, they may be partially liable.
• Government entity – where a city or other governmental agency is responsible for the upkeep of the area where you fell, you’ll have to sue them for compensation. Suing the government can get very complicated. To succeed in such a claim, you’ll have to employ the services of a personal accident attorney.
• Apartment block owners – If you’ve injured yourself in the parking area in an apartment complex as a result of hazardous conditions in all likelihood it is the owner who will have to pay the compensation. The complex owner is almost always responsible for the upkeep of the shared facilities on a complex.