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Cold Weather Safety Tips

Cold Weather Safety Tips

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We are going to see lower temperatures across the province in January 2016.  We will have the usual extreme cold weather alerts, inordinate amounts of snow, freezing rain and of course icy sidewalks.

The elements can be harsh and dangerous whether you are a pedestrian or motorist. In Windsor and Sarnia, our winters are harsh and often unbearable and can in many cases have consequences for both the inside of the home’s plumbing as well as the outside; contacting Plumber Wave can help eliminate many of the issues that may arise in terms to damages and potential accidents. Winter weather is particularly dangerous for pedestrians, with exposure to wind-chill and risk of hypothermia, frostbite and personal injuries such as slip and fall accidents. The Canadian Red Cross recommends always keep your head covered and wearing fabrics that are insulated, like wool. Always keep exposed areas covered including your face, ears and fingers.

It is important to always wear a hat and keep your head covered because half your body heat can escape through an uncovered head. Mittens or Gloves? Believe it or not, mittens are recommended as more warmth is created when our fingers are kept together. Slip and fall accidents are also prevalent in the winter months due to compacted snow, freezing rain, build ups of ice and slush. Slip and fall accidents can cause serious injuries ranging from broken bones to traumatic brain injuries.

Here are some tips in order to prevent slip and fall accidents:

  1. Keep a supply of salt in your garage (or near your front door): Make sure you can easily access salt to salt your walkway,driveway, and sidewalk in front of your house to make it safe for yourself, your family and any potential visitors;
  2. Make sure your driveway and walkway are well lit: If you do not have outdoor light fixtures, you may want to consider installing them so you have a clear view of your walkway and driveway.
  3. Invest in proper footwear: We recommend that proper footwear be worn at all times- buy winter boots with non-skid soles (and buy lined boots to keep your feet warm);
  4. See and Be Seen: The snow can cast a bright reflection- make sure you can see your surroundings when you are walking and keep a pair of sunglasses with you to protect your eyes from the sun’s glare. Wear something bright or reflective so that drivers can see you.
  5. Listen: You may be wearing a hood, or have a hat on, but even with your ears covered, you should still be aware of approaching vehicles or people. Always be aware of your surroundings, so you do not have to make any sudden moves which could cause you to fall;
  6. Use handrails where available: When you reach a set of stairs, always use the handrail where one is available to help you with your balance and pace yourself. Do not rush up and down stairwells as they are dangerous and an accumulation of precipitation on a set of stairs can lead to a serious injury;
  7. Beware of Ice: After rain, or where snow has melted, be wary of what looks like wet pavement as it could actually be what is known as black ice, which is dangerous to walk on;
  8. Enter slowly: Take extra caution when you enter your destination, be it your workplace, a shopping centre or school as the floor may be wet due to an accumulation of melted snow and ice;
  9. Avoid shortcuts: Only take well-lit, well-travelled routes and avoid areas that may not have been salted and may be dark;

10. Practice “conscious walking”: Be conscious of where you will place your feet and anticipate your next steps, look up so that you are aware of the surface ahead and scan your surroundings to ensure you are not in the way of oncoming vehicular or pedestrian traffic.

If you have been injured as the result of a slip and fall accident, it is important that you contact the experienced Windsor personal injury lawyers at Paciocco & Mellow at (519) 915-SORE (7673). We can provide you with a free, no obligation initial consultation.

We understand that you may feel overwhelmed during the legal process and we strive to provide the best service possible and to help our clients in any way that we can, be it a referral to a specialist, rehabilitation provider, help securing a litigation loan or providing reassurance.

The law firm of Paciocco & Mellow aims to help provide you with Peace of Mind at a Difficult Time. 

Ontario Court awards Plaintiff over $200,000 for trip and fall injury

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The Ontario Superior Court of Justice recently released a decision where it awarded $107,765 to an injured woman, in Grayling v.  The Corporation of Haldimand County. 

Mrs. Grayling was injured on November 25, 2009 as a result of a trip and fall injury that occurred on a city sidewalk. She stubbed her toe on the sidewalk, tripped and fell and as a result, broke her right upper arm at the rotator cuff. 

Mrs. Grayling stated she stubbed her toe due to the difference in height between two slabs of sidewalk. As a result of stubbing her toe, she took four or five steps forward and fell on her right arm onto the grass beside the sidewalk. 

According to Justice J. Lofchik, it Is for the plaintiff to demonstrate that a condition of non-repair existed which in turn caused the plaintiff’s injury. Once the plaintiff is able to establish the condition of non-repair, the onus shifts to the Municipality to establish that the condition of non-repair existed despite its attempt to exercise proper care and diligence in the inspection and maintenance of the highway (paragraph 39). 

It was also explained that an elevation different between sidewalk slabs is not necessarily a “non-repair” as sidewalk installation is not an exact science and pedestrians should not expect a perfectly flat surface (paragraph 42). 

However, previous case law had indicated that the judicial “rule of thumb” as to what height differential establishes a non-repair is between ¾ of an inch to 1 inch. 

Justice Lofchik determined that a trip hazard existed. The trip ledge that caused her fall was concluded to be ¾ of an inch to 1 ¼ inches and there was indeed a state of disrepair of the sidewalk. 

He found that both sides bore responsibility for the accident. He felt that Mrs. Grayling did not pay enough attention to where she was walking. In his opinion, each party was 50% liable for the accident, meaning each party shared equal responsibility. 

 

The total amount awarded was $215, 530. Mrs. Grayling received $107, 765, after the 50% reduction for what is known as “contributory negligence” (her portion of responsibility). 

Mrs. Grayling was awarded compensation for the following: 

  • Housekeeping up to age 70
  • Gardening, window cleaning, curtain washing up to age 70
  • Physiotherapy
  • Loss of past income
  • Loss of future income to age 65
  • OHIP subrogation costs 

 

At the law firm of Paciocco & Mellow, we handle various types of personal injury claims including slip and fall or trip and fall claims.  We have successfully assisted our clients with slip and fall and trip and fall claims and helped them settle their claims for the best possible settlement. 

If you have been injured as the result of a trip and fall accident, it is important that you contact the experienced Windsor personal injury lawyers at Paciocco & Mellow at (519) 915-SORE (7673). We can provide you with a free, no obligation initial consultation.  

We will provide you with an overview of your legal rights and help you to understand the legal process. 

The law firm of Paciocco & Mellow aims to help provide you with Peace of Mind at a Difficult Time. 

Slip and Fall Accident

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A slip and fall accident is often the result of poor maintenance of a property. A property may be in a hazardous state as the result of the failure of the property owner to properly clear snow and ice from a sidewalk or parking lot, failure to clean up spills in a timely fashion, or failure to maintain the surface in a condition free of trip hazards. A slip and fall can also occur as a result of a failure to provide adequate warning that a floor is slippery due to cleaning or as the result of the application of wax.

If you have been injured in a slip and fall, you should consult with an experienced personal injury lawyer as soon as possible. The experienced personal injury lawyers at Paciocco & Mellow are standing by to help you. It is also important that you document your fall. You should have a friend or family member take photographs of the location of your fall. If your fall took place at a commercial premises, you should report the fall to the store manager.

Even if you think that you may have been responsible for your fall, you should have your case reviewed by an experienced personal injury lawyer. There is often not one single cause for an accident and the lawyers at Paciocco & Mellow will explore all the possible causes for your fall. It may be that you yourself are partly to blame for the accident, but even so, if someone else’s actions or inaction played a role, you may still be entitled to compensation. When the victim of an accident is also partially responsible for the accident, it is known as contributory negligence. In such cases, the court will make a determination of the degree of responsibility of the injured party and will decrease the damages awarded by that percentage. The experienced Windsor personal injury lawyers at Paciocco & Mellow can fully explain how contributory negligence may impact your case.

Slip and falls often result in very significant injuries. A fractured wrist or ankle can result in pain and dysfunction for years. Slip and fall injuries also can result in the need for physiotherapy or chiropractic therapy that is not covered by government health insurance. If you do not have private health insurance, or if your private coverage allows for only limited physiotherapy or chiropractic treatments, this can result in a significant out of pocket expense. The experienced Windsor personal injury lawyers at Paciocco & Mellow will explain to you how such expenses may be recoverable in a law suit. Please contact Paciocco & Mellow by telephone at (519) 915-SORE (7673) or by completing the contact form on the Contact Us page

Slip and Fall Injury Lawyers Windsor

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A slip and fall occurs in seconds but the injuries caused can last a lifetime. If you need Slip and Fall Injury Lawyers Windsor call the Windsor Ontario Personal Injury Lawyers of Paciocco& Mellow at (519) 915-SORE (7673). Falls can happen at the grocery store, a shopping mall, a restaurant, a big box retail store, a bank, a public building such as an arena or recreation centre, a private residence, a parking lot or a sidewalk, just to name a few. No matter the type of property where your fall occurs, the owner and occupier of the property have an obligation to keep their property in a safe conditions for persons entering onto it.

The experienced Slip and Fall Injury Lawyers Windsor of Paciocco& Mellow are available to meet with you and tell you whether you have a claim as a result of your fall. Falls can happen as the result of snow or ice, water, rough surfaces, debris being left on the ground, objects placed on the ground, holes in the ground to name a few. Falls can occur while playing sports if the sports field is not properly maintained. Paciocco& Mellow are Sports Injury Lawyers.

You should contact the Slip and Fall Injury Lawyers Windsor at Paciocco& Mellow as soon as possible after your accident. There are time limitations that could limit your rights to bring a claim following your accident. In the case of falls taking place on public property, you could have mere days to advise the municipality or other public body of your accident. The experienced Windsor Injury lawyers of Paciocco& Mellow will advise you of any time limitations that might affect your right to sue and will, if retained by you, ensure that these limitation periods are met.

If you have a fall, it is important to report the fall to the business or property owner as soon as possible so that they can create an incident report. This incident report can be important evidence that your fall actually did take place beyond your own say so. You should also have someone take pictures of the location of the fall as soon as possible, especially if the fall was caused by the presence of snow, ice or water. You should also get the names, if possible, of any people who witnessed your fall.

You should seek medical attention as soon as possible following your fall from your family doctor, a walk-in clinic or the emergency room at your local hospital. When asked by the doctor or nurse about how your injury happened, give as much detail as you can. The doctor or nurse will record what you say in your medical chart and this can also be important evidence in your case.

Having a fall often can be an embarrassing experience, but you should not let fear of embarrassment stop you from completing an incident report, seeking medical attention or calling a lawyer. The injury lawyers at Paciocco& Mellow are available to help you get the compensation you deserve. Call 519-915-SORE(7673) to set up a free initial consultation with one of our experienced injury lawyers.

Slip and Fall

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SlippedPoorly maintained properties pose a risk to us all. Uneven or deteriorating sidewalks and parking lots, poor lighting, failure to clear snow and ice, failure to clear debris from the ground, use of slippery flooring surfaces, uneven floors, unmarked stairways or curbs, the presence of liquid on the ground and  poor structural design can all lead to falls which result in injuries.

The owners of properties, as well as property tenants, have an obligation to keep their in a safe condition for persons who enter onto the property. If you have been injured as the result of the failure of a property owner or tenant to keep the property in a safe condition, you may have a claim against them. Compensation from such a claim could include damages for pain and suffering, income loss, loss of the ability to complete housekeeping and home maintenance tasks, and medical treatments required as a result of the accident.

There are time limitations which limit the time which you have to make a claim as the result of a slip and  fall. These periods can be extremely short if the fall has occurred on property owned by a town or city or other government body, such as the road or sidewalk. It is important that you contact an experienced personal injury lawyer, such as the personal injury lawyers at Paciocco & Mellow, as soon as possible following your accident. The experienced personal injury lawyers at Paciocco & Mellow are available to meet with you at the time and location which is most convenient for you to explain the options which you have following a fall. The initial consultation with our experienced personal injury lawyers is free of charge and without obligation. Please call (519) 915-7673 to speak with one of the experienced personal injury lawyers at Paciocco & Mellow today.

Windsor Ontario Personal Injury Lawyer

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Do you need a Windsor Ontario Personal Injury Lawyer? Call the experienced Windsor Personal Injury Lawyers at Paciocco& Mellow today! We can be reached at (519) 915-SORE(7673).

If your lawsuit is issued at the Superior Court of Justice in Windsor, Ontario, your lawsuit will include a step know as Mandatory Mediation. Mandatory Mediations requires all the parties and their lawyers to meet together with a mediator during the course of the lawsuit to attempt to settle the claim. This step must take place before the action can be set down for trial. The Windsor Ontario Personal Injury Lawyer from Paciocco& Mellow who handles your case has attended many Mandatory Mediations and will work with you to obtain for you a very favourable settlement at the mediation. Our Car Accident Lawyers, Dog Bites Injury Lawyers and Slip and Fall Injury Lawyers Windsor have obtained many favourable settlements in the past and can do the same for you.

The Windsor Ontario Personal Injury Lawyer from Paciocco& Mellow who handles your claim will meet with you in advance of the day of the mediation to prepare you for the mediation process. Your lawyer will prepare a Statement of Issues which will be submitted to the mediator in advance of the mediation. The lawyer for the defendant will do the same. The Statement of Issues contains each side’s evidence and position on the key issues in dispute. The mediator review each party’s Statement of Issues before the mediation so that he or she is familiar with the issue in the case. The mediator is not a judge and will not decide whether you win your case or how much you get. The mediator is there to help the parties come to a mutually agreeable settlement.

Mandatory mediation will normally take place at office of the plaintiff’s lawyer. The mediation usually begins with all the parties, their lawyers and the mediator meeting in one room. Each lawyer will give a presentation concerning their client’s case. The mediator may ask questions to help clarify the issues in dispute. After the initial presentations are complete, each side goes into a separate room and the mediator carries offers back and forth. The mediator may also provide his or her thoughts to each of the parties. However, the mediator does not tell the other side anything that is discussed in the private rooms without the permission of that party.

Mediation is also conducted on what is known as a Without Prejudice basis. This means that if the mediation fails, neither party can bring up anything that happened at the mediation later in the lawsuit. Offers made during the mediation process, which are not extended, are off the table once they are rejected. If mediation fails, the parties continue on to court as if the mediation never happened.

It is very common for actions to resolve at mandatory mediation or shortly thereafter. As such, mandatory mediation is one of the most important steps in any lawsuit. The experienced injury lawyers at Paciocco& Mellow will make sure that full advantage is taken of the mediation process.

Windsor Injury lawyers

The Windsor Injury Lawyers at Paciocco& Mellow will make sure that your claim arising from an accident is properly prepared and that all the evidence needed to prove your claim is collected. Whether you are looking for Car Accident Lawyers, Sports Injury Lawyers, Wrongful Death Lawyers or any other type of injury lawyer, we can help.

Often the most contentious issue in a personal injury lawsuit is the severity of the injury. The records of your family doctor, any hospital you have received treatment at, any specialist you have seen and other types of healthcare providers such as physiotherapists, massage therapists and chiropractors which you have seen following the accident will be used to demonstrate the severity of your injury. The records and opinions of these “treating” healthcare providers often carry great weight with the judge and jury at trial. However, it is sometimes necessary to obtain the opinion of an expert with special experience dealing with your particular injury and preparing reports for use in court.

The Windsor Injury Lawyers at Paciocco& Mellow have access to all the types of experts that may be required to support your claim. If we decide that you need to see such an expert, we will make all the necessary arrangements for you. The expert will examine you in person prior to preparing his or her report. Some experts will conduct the examination in Windsor, but it may be necessary for you to travel to London or Toronto to see the expert. Paciocco& Mellow will normally pay for all the expenses associated with the expert examination. These expenses are then recouped by Paciocco& Mellow from the settlement funds.

The defendant’s lawyer may also request that you be examined by an expert of their choosing. This is known as a defence medical examination. The courts require that you, as the injured party, submit such defence medical examinations so long as they are reasonable. Generally speaking, the defendant will only be able to request one examination from each relevant discipline and in most cases the maximum number of defence medical examinations requested is two. However, each claim is different and you may have to submit to more than two such examinations. The Windsor Injury Lawyers at Paciocco& Mellow will make sure that any defence medical examinations are reasonable and that you are fully compensated for any expenses associated with attending these examinations.