Some people experience a slip or fall accident at a hotel due to the negligence of hotel management. In such cases, the Occupiers’ Liability Act (OLA) that is found in section 3(1) is meant to help those victims. If you have ever faced this, you cannot represent your case against hotel alone because they have experienced lawyers to defend them. Thus, you must hire a personal injury lawyer Toronto so that you would win your case. You will have to prove your case in the following ways to win a slip and fall claim against a hotel:
1. You have to prove that the defendant was really negligent
The language that is mentioned in OLA section 3 (1) "occupier is strictly liable for any slip and fall on his premises ", people usually misconception it that the occupier is responsible for each and every fall on the premises, but unfortunately it is not true. The victim has to prove that the fall has happened due to the defendant's negligence. Legally, this becomes much harder to prove, if your accident happens in a foreign country. I've had a client, who broke his pelvis just outside a rented villa on Koh Samui in Thailand. He wanted to sue, however, upon in-depth review of the case we decided against it.
2. You also have to prove that this negligence was the authentic cause of the accident
People usually have another common misconception with the language of OLA section 3 (1) is that victory is ensured by proving the negligence. But it's not the reality, even if the hotel management has failed to meet the rationality standard; you still have to prove that the accident and your injuries are actually caused by the negligence.
3. The hotel policy must be searched
The hotel policy must be searched to find out that they usually examined and cleaned the probable hazards.
4. You also have to prove that the dangerous circumstance could have been made less hazardous
You ought to prove that through the defensive measures like placing warnings, stop accessing to the location, or relocating the hazard, the risky condition could have been made less hazardous.
5. You are responsible to prove that you did not have any fault in your slip and fall accident
Lastly, you are responsible to prove that you did not have any fault in your slip and fall accident. The hotel or its insurance carrier may disagree with your statement and may prove that you were somewhat or completely accountable for the slip or fall through the legal concept of “contributory negligence”. They may also prove that should have seen the risk or could have evaded it. If your contributory negligence is found, your damages will diminish by the equal degree as your legal liability.