Personal Injury Law (Accidents/Slip & Fall)/slip and fall
I was on my way into the walmart store when i slip and fell,on the side walk where it was had snow and ice on the side walk that was not sanded or salted. I was wearing winter foot wear at the time.As a result fell .I landed on my right side of my body on my shoulder,and my right arm.When my hand had a sharp pain may pinky finger was the size of a fat sausage and bent out wards. I went inside the store,to an staff member and she got me all the help I could get,the did first aid wrapped my finger and took all of my information and sent me in a cab to the hospital.As a result I have broke my finger in 2 places the put a spilt on my finger . The doctor there gave me so pain meads . Later that day I was back at walmart,and told them thatwhe result of my fall. I told the that they should sand and salt he area and the told me that it was done. I went to check it out and it was in the same as when I fell.Than they told me that they were short staffed and that was the end. I was told that I hear from walmart and no call as of yet. I would Like to know that to do next...... Do you think I have a case...
First of all Marlene, the law of "premises liability" is no doubt quite different in Canada than here in the States. Even here, the law would look to standards and customs in the particular locality to answer the central question............what duty does a commercial building owner have to reduce or eliminate slippery surfaces due to snow and ice???? In this case, does the law require Walmart to have a crew out there 16 hours a day scraping, sanding, sweeping, etc.? I doubt it. The store in either country is not required by law to guarantee that no one will ever slip. That would be an unreasonable burden wouldn't it? So where is the line? What if it was snowing continuously? Must they be cleaning the area continuously? Obviously not. The law requires a "reasonable" level of maintenance. Did they meet that level in this case? Who knows? I can tell you this: a broken finger is not a serious enough injury to interest a lawyer and it wouldn't be worth you taking or threatening legal action.......do they have Small Claims Ct. in Canada?? And in Canada, you didn't incur any medical expenses I presume. So, if you want to bother, contact the store management and tell them about your injury and maybe they will offer you some kind of store credit of modest amount. I think that is the extent of your "case".