It’s Slip and Fall on Ice and Snow Season!
Every winter in Ontario, slip-and-falls become a serious risk. Snow and ice accumulate quickly, and even with regular maintenance, sidewalks, parking lots, and walkways can turn dangerous in seconds. But when a fall happens because someone failed to take reasonable care, the law may give you the right to be compensated.
If it can be determined that the fall was due to the negligence of another, you may be eligible to sue for compensation for any injuries you sustained as a result. Typically, one would sue the owner, property manager, maintenance workers or whomever is responsible for the property where you fell, whether it is inside or outside of a store, office building, hospital, school or even a parking lot.
In order to be successful in your lawsuit, you must prove that:
- You suffered an injury due to a slip and fall on the premises;
- The owner, occupiers, property manager, maintenance workers or the other people/organization(s) that were responsible for the premises were negligent with their actions or failure to act; and
- Your injuries were specifically caused by the negligence of the at-fault parties.
It is important to know that like most other personal injury claims, you must start your lawsuit within 2 years of your fall but, there is also a notice requirement. If your fall occurred due to ice or snow on private property (parking lot, apartment building sidewalk, driveway of a private resident), you must put at least one of the potential responsible parties on notice of a potential claim within 60 days of the fall. If your fall occurred due to ice and snow on public property (sidewalk owned by a municipality) you must put the clerk of the municipality or city on notice of your intention to sue within 10 days of the fall. Missing these notice deadlines may result in your lawsuit being barred!
If you’ve been injured as a result of a slip and fall on ice or snow contact an experienced personal injury lawyer who can assist you in navigating the complex world of claims.
This article was originally published by The Hamilton Spectator.
