To recover compensation from the property owner in a slip and fall case, you must prove certain elements. By law, a property owner is not responsible for your damages unless you can prove:
The property owner knew or should have reasonably known about the dangerous condition that existed on the property;
The property owner failed to take steps to correct the dangerous condition; and,
You were acting in a manner that is considered reasonable and expected at the time of the fall.
The property owner knew or should have reasonably known about the dangerous condition that existed on the property; The property owner failed to take steps to correct the dangerous condition; and, You were acting in a manner that is considered reasonable and expected at the time of the fall. The last element is one that the insurance company for the property owner may try to attack in some cases. If the insurance company can prove that you were acting negligently or recklessly at the time of the fall, it may be able to deny your claim even though the property owner knew about the dangerous condition and did nothing to remedy the hazard. An experienced Ontario slip and fall lawyer can help uncover evidence to prove that you are entitled to compensation for your injuries.