A slip and a fall accidents are usually seen in shopping malls or department stores. There are many reasons behind these accidents such as; cracked or chipped flooring, are water tracked in by shoppers from outside, wrinkled carpeting, infrastructure leaks, freshly mopped floors, slippery surfaces and many more. If, you are considering claiming compensation from a shopping mall, hire a personal injury lawyer Toronto who gives you the best advice according to your case. Your rights for getting compensation are rationalized below:
1. You have a right to get compensation for your damages
You have a right to get compensated for both your pecuniary and non-pecuniary losses if you are injured due to the negligence of the shopping mall management.
2. You are not worthy of compensation if you have assumed a danger that poses to you a fall accident
Under the section 4 (1) of law, it is clearly stated that the owner still owes you a responsibility to not to make any deliberate attempt that pose harm and damage to the person or the premises or not to act in irresponsible disregard to your person or premises.
3. Extension of liability by contract is covered under the Section 5 (2)
You will not be covered under this act if you are a construction employee or are doing repairs or maintenance on the shopping mall, unless the occupier has taken reasonable care and unless this is expressly provided for.
4. Section 6 (1) covers accountability where an independent contractor is involved
If the slip and fall injury happens due to the negligent behavior of an independent contractor who is contracted by the occupier. For example an independent cleaning company is working in a mall for repair and maintenance, in such case, the occupier or mall owner may not be held accountable and you have to follow up with that independent contractor for compensation.
5. If the rental contact states that the landowner is accountable for repair and maintenance of the shopping mall
If the rental contract describes that the landowner has the same responsibility of care as the occupier, then the damages was caused due to the absconding duty of care of the landlord.
6. Note that there may be an exemption
Note that there may be an exemption where the tenant is the crown and any civic corporation.