Be on Notice! Protecting Your Rights After a Fall
Leaves have fallen, pumpkins have been carved, candy has been eaten and baseball fans have … no, I’m not emotionally ready to talk about that yet …
But the autumn weather is fully upon us and with that comes my annual reminder to take care of wet and soon-to-be icy and snowy conditions. Caution is important not only when driving, but when navigating the roads on foot. Leaves can hide trip hazards, and wet and icy surfaces pose their obvious dangers.
If, despite your best efforts, you’re unfortunate enough to slip and fall due to snow or ice, the law changed in 2020 to create tight deadlines on putting the at-fault party (usually the property owner or “occupier”) on formal notice of a potential legal claim. A claiming party has only 60 days to ensure that the at-fault party receives this notice, either via registered mail or personal service (which means actually handing it to them in person — yes, this still happens). This includes both companies and individuals who own and/or are doing business on the property.
If the area in which you fell was owned by a municipality, such as a city sidewalk, the notice period is an even shorter 10 days.
While there are exceptions to allow some leeway with these periods, they should be followed if at all possible to ensure you have protected your legal rights. If you’re in the unfortunate situation where you need to make a claim, it’s imperative that you immediately contact a lawyer who specializes in this area of law to assist with this notice.
The lawyers of the personal injury group at Ross & McBride LLP regularly assist clients in these types of cases and will conduct a free initial consultation in regards to your case.
This article was originally published by The Hamilton Spectator.
