Slip and fall winter hazards
Updated: Dec 3, 2020
Injuries from slipping or tripping and falling on an icy, uneven or poorly maintained surface, causing injury or even death may give rise to a claim for compensation.
Owners of property, whether private or municipal, are required to keep public areas safe. It could be a sidewalk, laneway, or floor of a business. This responsibility arises from long-held legal principles, and from Ontario legislation known as the Occupiers’ Liability Act.
“Like most personal injury cases, slip and falls are usually not straightforward. To preserve your legal rights, it's vital to contact an experienced personal injury lawyer without delay."
If you’re hurt, whether seriously or not, you may have a claim if the property owner failed to keep the area where you’ve slipped and fell adequately maintained, repaired, or protected from unsafe situations. Like most personal injury cases, slip and falls are usually not straightforward. To preserve your legal rights, it's vital to contact an experienced personal injury lawyer without delay.
If injury occurs on municipal property, such as a side-walk, Ontario's Municipal Act requires that the municipality be given notice within 10 days. This deadline can be extended if there is reasonable justification why no notice was given. But, simply being unaware of the notice requirement is usually not enough.
Another important deadline exists. Any lawsuit has to be started within two years of the date you knew or should have known that you had a legal claim. If you miss this limitation period, which is usually two years from the date of injury, any claim for compensation in the court will be barred. An experienced personal injury lawyer will help you marshal the necessary evidence, avoid settling for too little, and make sure that you get the compensation you deserve, including potential compensation for:
Loss of income or competitive advantage
Cost of treatment such as physiotherapy, massage, chiropractic treatment, or dental
Cost of rehabilitation aids
Cost of future services you’re no longer able to do
Pain and suffering
Cost of future medical care
MZS Lawyers are experienced Ottawa personal injury lawyers that can assist with every aspect of your accident & injury case.