Slip/Trip & Fall Injuries

Most Slip/Trip & Fall Accidents Could Have Been Prevented

A slip and fall case in Ontario refers to an insurance claim filed by a lawyer on behalf of someone injured due to a hazardous condition on a property. It’s a claim that the property owner, or someone the owner hired, was negligent in allowing a dangerous condition to exist, causing the slip or trip to occur.

Due to the unpredictable weather patterns, we face during the fall and winter months, slip and fall incidents are common Ontario cities. However, many people suggest that “we live in Canada” and should expect weather conditions that may cause slip and falls on black ice or unexpected snowfall. The truth is that property owners in the 21st century are better equipped with weather prediction tools, allowing them to prepare for changing weather patterns and take protective measures to help avoid slips and falls on their properties in Ontario.

Injured From a Fall Due to Ice or Snow? You Must Act Very Quickly!

As of January 29, 2021 Ontario’s Occupiers’ Liability Act was amended to include a requirement of written notice for claims arising from injuries caused by snow and ice.

If you’ve been injured from a fall due to snow or ice in Ontario, you have ONLY 10 DAYS to provide written notice by registered mail to the Municipality if the fall occurred on a municipal sidewalk or roadway. For all other properties, you have ONLY 60 DAYS to provide written notice by registered mail to the property owner or responsible maintenance contractor.

Action Against Ontario Municipalities

The Municipal Act states that no action shall be brought for the recovery of damages against a municipality unless written notice of the claim and of the injury has been hand-delivered or sent by registered mail to the municipal clerk’s office within 10 days of the injury.

Failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the municipality is not disadvantaged in responding to your claim. This places the onus on you to prove your case, which may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 10 days’ notice requirement mentioned above.

Action Against Property Owners and Maintenance Contractors

Under the new Section 6.1 of the Occupiers’ Liability Act, no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or a maintenance contractor retained to remove snow and ice unless written notice of the claim (including the date, time and location of the occurrence) is provided within 60 days of the injury, except in cases where the injury resulted in death.

Written notice is to be hand-delivered or sent by registered mail to at least one of the occupiers of the premises, or the independent contractors employed to remove snow or ice on the premises.

As with municipalities, failure to give notice may not prevent you from taking legal action but only if a judge finds a reasonable excuse for the insufficient notice and that the occupier and/or the independent maintenance contactor is not disadvantaged in responding to your claim. This once again places the onus on you to prove your case, which may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 60-day notice requirement mentioned above.

Other Reasons for Slip/Trip & Falls

Besides ice and snow, there are many other reasons why slip and falls occur every day in Ontario. For example:

• Uneven pavement
• Uneven sidewalks
• Poorly designed staircases
• Stairs without railings (bannisters)
• Poor lighting conditions in stairwells
• And many other situations

For serious slip and fall injuries, choose a personal injury lawyer who fights to receive maximum compensation for you and your family.