Slip/Trip & Fall
Most slip/trip & fall accidents could have been prevented
Despite being an embarrassment, slips and falls or trip and falls can result in serious injuries that can impact your life and those closest to you. If you slipped, fell, or tripped on someone else’s property because of their negligence, there’s a good chance that you can recover damages.
A slip and fall case in Ontario is a commonly used term to mean a slip and fall insurance claim in law brought by an Ontario slip/trip and fall lawyer on behalf of an individual who has injured themselves from a slip, trip, or fall. It is a claim that the property owner or someone the owner hired was negligent in allowing a dangerous condition to exist that caused the slip or trip to occur in the first place.
Due to the unpredictable weather patterns we face over the fall and winter months, slip and falls in Ontario cities are common. However, many people would suggest that “we live in Canada” and should expect as citizens to have weather which could cause us to slip and fall on black ice or unexpected snow falls. The truth of the matter is that property owners in the 21st century are much more equipped with weather prediction allowing them to prepare for changing weather patterns and arming themselves with protective measures to help avoid slip 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 add 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 after the occurrence 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 and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 10 days’ notice requirements 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 after the occurrence of the injury, except in the case of death of the injured person as a result of the injury.
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 that there is 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 and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 60 days’ notice requirements mentioned above.
Other Reasons for Slip/Trip and Falls
Besides ice and snow, there are many other reasons why slip and falls occur every day in the Greater Toronto Area. 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 dollars for you and your family. Contact us today for immediate support and a free consultation.