Legal Insights for the Disability Community
Slip-and-fall accidents can lead to severe,life-changing injuries. These accidents can happen to anyone, but folks within the disability community are often at a higher risk of falls… Given the profound impact these incidents can have, it is essential for individuals affected by slips, trips, and falls to understand their legal rights and how to prevent such accidents in the first place.
It is also important that property owners understand their legal obligations. Property owners have a duty to ensure that people using their premises are safe. Public and private institutions alike must also ensure that their spaces are accessible and compliant with the Accessibility for Ontarians with Disabilities Act (AODA).
Common Causes of Slip-and-Fall Injuries
Slip and fall incidents can happen in everyday situations, such as:
- Navigating a slippery driveway or sidewalk
- Using stairs in an apartment building
- Entering a store with wet floors
- Encountering tripping hazards like objects on the ground, unexpected steps, or potholes
What might seem like a minor fall can lead to serious consequences, including traumatic injuries or lasting mobility issues. Individuals with disabilities may face an increased risk due to challenges with vision, movement, or coordination, underscoring the importance of maintaining safe environments for everyone.
Essential Prevention Strategies
Slip/trip and fall incidents are preventable.
Personal Preventative Measures
Individuals with disabilities can reduce their risk of falling by taking the following steps:
- Use all recommended mobility aids: Four-wheeled walkers, canes, and wheelchairs help with mobility. They also help prevent falls.
- Wear your glasses: If you need glasses, make sure to wear them. Beware of your visual impairments
- Wear Supportive Footwear: Choose comfortable, flat, and non-slip shoes to enhance stability. Wear proper boots in the winter, or when it is icy or wet outside.
- Prioritize Rest: Ensuring sufficient sleep can help maintain alertness and the ability to identify potential hazards.
- Avoid hazardous situations: If you know it’s going to be icy out, it might be a good day to stay home.
Property-owners’ Preventive Measures
Safe and accessible environments are essential to prevent slip-and-fall incidents. Key measures include:
- Routine Maintenance: Regularly repair and address issues like uneven walkways. Have regular maintenance routines and follow them.
- Adequate Lighting: Ensure all areas are well-illuminated, reducing the risk of missteps in poorly lit spaces.
- Clear Signage: Use visible and easily understandable signs to warn of hazards or changes in terrain.
- Regular inspections: Check your space regularly for hazards like wet floors, ice, snow, and obstructed pathways
Lowering the risk of falls is critical for businesses that have an inherent responsibility to keep their spaces safe and accessible for everyone.
Understanding Your Legal Rights
In Ontario, Occupiers’ liability is a legal concept involving the duty of property owners and occupiers to ensure their property, whether public or private, is kept in good working order. If a slip-and-fall injury results from a property owner’s failure to maintain these standards, the injury victim could seek compensation from the property owner and other occupiers.
Moreover, the AODA legally requires all services, facilities, accommodations, employment, buildings, structures, and premises to adhere to accessibility standards for all Ontario residents. This means that if any of these spaces do not comply with proper accessibility standards, the organization could be fined.e.
Steps to Take After a Slip-and-Fall Injury
Not all slips and falls can be prevented. If you experience one of these accidents, here are the steps you should take:
1. Seek Medical Attention
After a slip-and-fall injury, getting prompt medical care is essential, even if the injury seems minor at first. This is particularly important for individuals with disabilities, as even a small injury can have a greater impact on mobility and overall health.
2. Put any potential occupiers/property owners on notice
Depending on the circumstances, you may have as little as 10 days to give notice of your claim. You must do this in writing by letter. Your letter should identify the location of the fall, the date and time you fell, the circumstances surrounding your fall and your injuries. Your letter should be delivered personally or by registered mail. You should keep a copy of the letter and records confirming its delivery.
3. Document the Incident
Take time to record details of the accident. Capture photos of the area where the fall occurred, note any hazards that contributed to the incident, and gather contact information from any witnesses. Keeping a detailed record can be invaluable for understanding the cause of the accident and planning a safe recovery, especially if pre-existing conditions make healing more challenging.
4. Follow Up on Recovery and Support Needs
Monitor your recovery closely and maintain open communication with your healthcare providers. For individuals with disabilities, injuries can exacerbate existing challenges, so ongoing follow-up and possibly additional support or adjustments in daily routines are important to ensure a smooth recovery.
5. Consider Pursuing Legal Action
If the slip and fall was due to someone else’s negligence, you may want to consider hiring a lawyer and filing a personal injury claim.
Common Mistakes to Avoid
- Posting on Social Media: Sharing details of your accident online may expose personal information or complicate your recovery process.
- Failing to Seek Prompt Medical Attention: Delaying medical care can worsen injuries, particularly for individuals with disabilities who may experience amplified challenges in recovery.
- Not Reviewing Documents with a Lawyer: Before signing any paperwork or agreements related to your incident, you should review them with a lawyer. Sometimes companies will ask you to fill out questionnaires or offer to settle your claim before you know the full extent of your injuries. You should seek legal advice before doing either.
- Failing to deliver a notice letter: If you don’t deliver a proper notice letter on time, you could lose the right to sue forever.
Community Safety is Critical
Individuals with disabilities can experience greater challenges recovering from slip-and-fall injuries due to mobility limitations and other concerns. Creating environments that prioritize safety and accessibility benefits everyone, particularly those with disabilities. By implementing preventative measures such as hazard awareness, prompt medical attention, and community support, we can minimize the risk of injury and foster a sense of independence and well-being for all individuals.
About The Author
Robert Murphy, Lawyer at Bergeron Clifford. Born and raised in Pembroke, Rob is happy to be practicing law back in the Valley, representing injured people and their families.
Rob attended law school at Queen’s University and graduated with his Juris Doctor in 2020. He summered at and completed his articles with Weaver, Simmons LLP, a full-service firm in Northern Ontario. During his articles Rob had the opportunity to see personal injury files from both the plaintiff side and the defence side. After articles, Rob practiced injury law and general litigation with Kelly + Kelly Lawyers in Pembroke, until Kelly + Kelly’s civil litigation practice joined Bergeron Clifford in 2023.
Rob is an avid Leafs fan and dog lover. When not working he enjoys skiing, skating, running, and being on the Ottawa River with his dog Mishka.
