I fell on ice, can I sue for compensation for my injuries?

Sep 30, 2018 | Legal Article

Rachelle Mitri

Personal Injury Lawyer

If you’ve fallen on a patch of ice, you may be able to receive compensation for your injuries. The first thing you must discern is whether you have fallen on municipal property or privately owned property. This is important because both scenarios have different deadlines that need to be met in order to initiate legal proceedings. They each have a different standard of care that is required to establish negligence, which you or your lawyer must show had been breached.

I fell on ice, can I sue for compensation for my injuries?

Municipal Property

If you have slipped on ice and have been injured on municipal property, it is imperative to note that Ontario’s Municipal Act requires you to notify the municipality of your claim within 10 days of your injury. The legislation provides that municipalities are not liable for personal injuries caused by snow or ice on a sidewalk; unless it is a case of gross negligence. It is often difficult to determine what constitutes gross negligence. In McNulty v. Brampton (City) the Court has determined that gross negligence will depend on the circumstances of each case. Another determining factor is whether the practices implemented by the city were adequate in meeting its statutory duty. In order to show they are liable, it must be proven that they knew, or ought to have known of the danger as well. Liability often focuses on whether the municipal authorities actually had notice of the dangerous condition, and whether they had an opportunity to remedy it. There are many nuances for what constitutes gross negligence on behalf of the municipality, such as allowing a piece of ice to remain on the sidewalk for an extended period of time. There are several exceptions with respect to what constitutes gross negligence, and it is recommended that you seek the advice a qualified Toronto personal injury lawyer.

Private Property

When it comes to private property, the legislation states that occupiers of land are obligated to ensure the safety of individuals entering their property. If you have slipped on a patch of ice on private property, such as the parking lot of a mall, then the occupier of the property may be liable for your injuries. Additionally, the entity hired to remove snow and ice may also be found liable. In these circumstance, you generally have two years from the date of your injury to commence legal proceedings against liable parties. Even though the ten day notice period does not apply in the case of an injury that may occur on private property, you should still provide notice to the occupier as soon as possible and ask to preserve any investigative evidence that may exist. These scenarios are often complex, and require the advice of an experienced personal injury lawyer.

Pino R
Pino R
16:53 17 Oct 18
My most recent visit at Grillo Barristers was with Evanee Y. A very polite and professional young lady. She was totally informative, attentive and enlightening. She came across very understanding and caring. Our business encounter was quick and easy. I left very satisfied. Indeed a pleasure, thank you.
Robin Spencer
Robin Spencer
16:41 09 Oct 18
I highly recommend Grillo Barristers especially personal injury lawyer, Rachelle Mitri. Rachelle and her team are professional and very personable. They provide excellent service and support to their clients and ensure that they are comfortable throughout the legal process. Rachelle and her support staff were always available to answer all of my questions and provided updates whenever possible.The outcome of my proceedings were extremely favourable and I recommend Grillo Barristers to anyone in need of personal injury lawyers.
Alex Ba
Alex Ba
14:54 04 Oct 18
My experience with Grillo Barristers began two years prior with a different lawyer than that which ended up following through with my case. I had mixed feelings back then, but with Anthony taking over, everything changed. He was able to instill confidence, assurance, and positivity throughout my experience with Grillo. When I thought that I had no chance with my case, he was able to pull through and deliver much more than I had ever expected. I thank Anthony and Grillo sincerely for all of their efforts, dedication, and hard work on ensuring the best outcomes for me. I would recommend Grillo for anyone seeking legal advice and support.
Bernadette Alcos
Bernadette Alcos
15:22 21 Sep 18
Rachelle was an absolute pleasure to work with. She represented myself and my needs with professionalism and compassion, with the complete understanding of my situation. She kept me informed on the status of my claim and was readily available to answer any questions and/or concerns. She is very diligent and prompt with her responses. Rachelle is an amazing lawyer and I highly recommend her services.
B Gaff
B Gaff
14:40 18 Sep 18
After my wife was in a car accident a little over 2 weeks ago (not her fault), we felt that no one was addressing her actual needs to get better until we walked into Grillo Barristers law firm. The minute we walked in our needs seemed to be their only concern. The receptionist made every effort to make sure we were comfortable while we waited for our appointment. Rinya our Intake Coordinator was pleasant and attentive to my wife's concerns and her needs for recovery. If the rest of the team is that good, we should be in great hands.
courtland holder
courtland holder
14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
Jan MacMillan
Jan MacMillan
23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
Theresa Dea
Theresa Dea
23:10 19 Dec 17
It's unbelievable how long it takes for the insurance companies to settle. They live by the fact that they can outlast you! Don't give up! Hang in there! Stefanie and her team worked hard and did an excellent job. I received the best settlement available!!!
Luci S.
Luci S.
21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
Patrick k
Patrick k
19:13 07 Dec 17
Where do I begin?? I am not usually one to leave reviews on services but this one is definitely an exception. From start to finish, I felt incredibly comfortable having my claim in Grillo's hands. I felt as though the team was in complete control and I could just sit back and receive updates when necessary. With the utmost confident I can say that Grillo Barristers is the best personal injury law firm in Toronto. The process was quick, cheap and stress free. I must especially thank Lauren Sivitilli. Having very limited knowledge of lawsuits, Lauren was able to perfectly break the processes down for me and educate me on my claim. She was quick to answer emails addressing any concerns and always kept me up to date. I will definitely be recommending Grillo Barristers services to my family, friends and coworkers. Amazing!
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