A trip and fall accident in Ontario can leave you feeling like you’ve stepped into a legal labyrinth. While the aftermath focuses on physical recovery, a property owner’s denial of liability can add a layer of confusion. This article dives beyond the usual reasons for denial and explores some unconventional arguments property owners might use to deflect responsibility.
The Shifting Sands of Causation
In Ontario, the Occupiers’ Liability Act lays the foundation for trip and fall claims. However, proving causation – that the property owner’s negligence directly caused your fall – can be more complex than it appears. Here’s where some unconventional arguments might emerge:
- The “Act of God” Defense: Property owners might claim the hazard causing your fall was a result of an unforeseen natural event beyond their control. For instance, a sudden downpour creating a slippery surface or a strong gust of wind dislodging debris could be cited as “acts of God”. However, the validity of this defense hinges on whether the property owner took reasonable precautions to mitigate foreseeable risks associated with such events.
- The “Third-Party Culprit” Theory: The property owner might attempt to shift responsibility to a third party who may have created the hazard. This could involve arguments like a delivery person spilling a liquid on the floor or a fellow customer dropping an item that caused you to trip. Success hinges on the property owner proving the third party’s presence and negligence, while also demonstrating they themselves took reasonable steps to address potential hazards created by third parties.
The Contributory Negligence Conundrum
Ontario’s contributory negligence system allows courts to assign a percentage of blame to both parties involved in an accident. While seemingly fair, property owners might use this system creatively to reduce their liability:
- The “Distracted Walker” Defense: The property owner might argue you were distracted while walking (e.g., using a phone) and therefore partially responsible for not noticing the trip hazard. However, courts consider the severity of the distraction and the property owner’s duty to maintain a safe environment.
- The “Improper Footwear” Argument: Property owners might claim your footwear contributed to the fall, especially if you were wearing high heels or sandals on a wet floor. However, this argument holds less weight if the hazard was significant enough to cause a fall even with proper footwear.
The “Maintenance Maze”
Property owners have a duty to maintain a reasonably safe environment. However, they might use unconventional arguments regarding maintenance practices:
- The “Just Cleaned” Defense: Property owners might claim the floor had just been cleaned and was still wet, creating a temporary hazard. However, courts often scrutinize this defense, considering the use of proper warning signs or cones to alert visitors of a potential hazard.
- The “Maintenance Records Red Herring”: While the absence of proper maintenance records can weaken the property owner’s case, they might argue that meticulous record-keeping isn’t always practical in high-traffic areas. However, courts will look for evidence of a documented system for identifying and addressing potential hazards.
Beyond the Basics: Protecting Yourself
Understanding these unconventional arguments empowers you to navigate the legal landscape more effectively. Here’s what you can do to strengthen your case:
- Document Everything: Take photos of the scene, the trip hazard, and any injuries you sustained. If possible, note the time of day and weather conditions.
- Seek Witness Statements: If anyone witnessed your fall, obtain their contact information and detailed accounts of the incident.
- Consult a Personal Injury Lawyer: An experienced lawyer can assess the unique details of your case, anticipate potential defenses, and build a strong argument to maximize your compensation.
Remember: A property owner’s denial of liability shouldn’t deter you from seeking compensation for your injuries. By understanding the different strategies they might employ and proactively gathering evidence, you can present a compelling case and hold them accountable for your well-being.
