How long do I have to file a slip, trip and fall claim?
Q: I fell in the parking lot of a store near a sidewalk and broke my arm a few weeks ago. Can I wait to see how I feel in a few months before deciding to contact a lawyer or starting a claim for injuries?
A: It is not advisable to delay seeking legal advice on your rights or the deadlines involved in bringing a claim after an injury.
Lawsuits for slips, trips and falls are generally subject to a two-year limitation, but failing to provide early written notice to at-fault parties may be detrimental to your claim. There are also some requirements with respect to the written notice depending on the location and mechanics of the fall:
- The Occupier’s Liability Act requires you to provide written notice to at-fault parties within 60 days if you are alleging an injury arising from a fall caused by ice and/or snow.
- The Municipal Act requires you to put the Municipal City clerk on written notice of your fall within 10 days if it occurred on municipal property (i.e., a City sidewalk).
- For all other slips, trips and falls, you should provide written notice as soon as possible after your fall.
- The written notice should contain details of the fall, the date, time and location.
It is important to contact an experienced personal injury lawyer immediately after your injury so you do not miss any important deadlines or written notice requirements that may be detrimental to your right to sue. A personal injury lawyer will assist you in obtaining and securing any evidence, obtaining witness statements, taking photographs of the scene of your fall and ultimately conducting any investigations. Also, courts are not inclined to accept a person’s ignorance or lack of knowledge about these requirements as an excuse for failing to meet the deadlines.
This article was originally published by The Hamilton Spectator.
