Who Will Be Held Responsible for Icy Sidewalk Slip and Fall Injuries in Ontario?

Along with the silence and relaxed moments of the winter season comes the increased risk of injuries and hospitalizations due to ice-related falls. Falls on icy sidewalks have caused severe injuries among Canadians at what would be regarded as the most peaceful time of the year. In fact, in the past two years, the Canadian Institute of Health Information reported over 5000 victims injured in accidents involving ice. Unfortunately, most people don’t know what to do when you slip and fall on ice. It’s never straightforward to determine who is liable if you slip on ice. Working with an experienced slip and fall injuries lawyer can help you find who is responsible for a slip and fall accident and pursue a lawsuit to receive fair and full compensation for your injuries.

What Everyone Should Know About Claims for Slipping on Ice – the Law in Ontario for Clearing Snow and Ice From One’s Premises

As a property owner in Ontario, are you liable if someone falls on ice on your property? In Ontario, like in many other Canadian cities, property owners are required to clear snow and ice from their sidewalks, including in adjacent municipal sidewalks. If I am a property owner, when do I have to shovel snow? The snow removal laws Ontario clearly stipulate that if you don’t clear any fall of snow, rain, or hail within 12 hours after the condition has ceased from the sidewalk or any highway in front of, alongside or rear of the building, you may be held liable for any injuries sustained due to those conditions.

What You Should When You Slip and Fall On Ice in Ontario

In 1990, the Occupiers’ Liability Act was established to provide clarity on the property owner’s responsibility in keeping pedestrians safe. This Act outlines all the law aspects that will hold property owners as well as occupiers responsible for any injuries sustained in their premises due to their actions or lack thereof.

Is it illegal to not shovel your sidewalk? The law stipulates that property owners and occupiers should take constructive measures to ensure their property is safe and the public is well informed of any likely harms that may be present on the property. These property features that need to be well maintained include but are not limited to sidewalks, parking lots, driveways, and ramps. Shovelling your sidewalk is one of the basic steps you can take to maintain a reasonably safe property. In the Act, there are certain exceptions to liability on the occupiers’ part, such as in the case of trespassing or criminal activity. However, the failure of property owners and occupiers to maintain a reasonably safe property may result in a liability claim brought against the said parties.

An occupiers’ liability claim may include different parties, including an owner of a store, private homeowner, restaurant owner, property manager or landlord. Suppose a slip and fall case occurs at a sidewalk. In that case, the lawyer will first have to determine who is responsible for clearing snow from sidewalks, which could be any of the aforementioned parties.

However, in slip and fall cases, there is a certain level of assumed fault or risk on the injured victim’s part that could lead to a reduction of their compensation. This is known as contributory negligence. In such circumstances, several factors will be considered, such as whether there were warnings displayed, the kind of footwear worn by the victim, and other safer routes that could have helped avoid the injuries. If it is determined that the claimant also contributed to the slip and fall accident, the lawsuit may not be completely thrown aside, but it may result in a reduction of the comprehensive amount of compensation owed.

The municipalities in Ontario have a duty to maintain public spaces where people normally walk, run or drive. In fact, any claims against the city must be reported within 10 days of occurrence. This means that reporting your slip and fall on city property immediately can help preserve your right to sue and get compensated for your injuries. When filing a notice to the city, you must include details of the incident, such as the location, date, and time of the fall and how it occurred.

If you or a loved one has been involved in a slip and fall accident on the icy sidewalk, get an experienced lawyer to help you file the claim. Factors such as where the accident occurred, how and when it happened will go a long way in determining what type of recovery you might receive.

Making a Slip and Fall Claim in Ontario

If you get hurt in a slip and fall incident, you need to establish that the negligent party failed to make the premises reasonably safe, which resulted in your injuries. Take the following steps to enhance the chances of a successful slip and fall claim in Ontario:

Report the accident to the premises’ owner

The negligent party could be the premises’ owner or someone else responsible for maintaining the premises. If the accident occurred in a commercial setting, report the accident to the supervisor or manager on the property. For an accident that occurred on public property, you need to report it to the city or town immediately if possible. Remember that failure to report the slip and fall incident immediately may not take away your right to file a lawsuit, but taking too long may make insurers and juries question the legitimacy of your accident claim. Delays in reporting the incident can seriously harm your claim.

Get names and contacts of witnesses

If there’s anyone who witnessed the incident, make sure you get their full names and contact details. These witnesses are going to be crucial in testifying in case your claim goes to trial.

Take photos of the accident scene

If you can gather evidence of the slip and fall accident immediately it occurs, it can be critical when filing your claim. We encourage you to take photos before leaving the scene if you are mobile and have a camera. Take pictures of the scene from different angles. If you are unable to, ask a friend or witness to take photos of the area immediately. Conditions like ice and snow can change within minutes, and it would be difficult to prove your claim without pictures that show the state of the scene at the moment of your injury. We also recommend keeping the footwear you were wearing at the time of the incident.

Seek medical help

Visit a doctor if hurt and follow their advice. If the injuries you sustain are severe and need emergency care, visit a local emergency room or clinic. Don’t wait.

Don’t be quick to give the insurer a statement

Most insurance adjusters will rush to the injured victim to try and get a recorded statement describing the accident and their injuries. You are not obligated by law to give a statement. As a general rule, you shouldn’t provide any tape-recorded statement if you do not have a lawyer.

Don’t miss medical appointments

If the doctor has scheduled medical treatment for your injuries, don’t miss them. Insurers and juries assume that missed medical appointments meant that the injuries were not as severe or they healed over time.

Was the Property Owner/Manager Negligent?

In personal injury law, the events before and after the accident will greatly determine whether a claim is valid or not. In general, property owners have the responsibility of making sure their property is safe for the intended use. Your lawyer must prove that the property owner or manager is negligent by failing to take reasonable steps to keep the property safe. Cases that occur in public properties are often harder to prove. For instance, the Ontario Municipal Act clearly states that the city is not liable for any personal injury cases that occur due to icy sidewalks unless the case involves gross negligence (when it is proven that there was a conscious and voluntary disregard to prevent dangerous or harmful consequences).

How Much Time Do You Have to File a Claim?

If a slip and fall injury occurred in public or private property, it’s important to take action immediately. The Ontario Limitations Act provides a statute of limitations of 2 years to file slip and fall injury claims. There are even cases where your claim may be barred simply because you did not act immediately even before the 2 years lapse. For instance, if the slip and fall injury occurred in a municipality, Section 44(10) of the Municipality Act requires a written notice of the injury and claim to be filed and brought before the Municipality within 10 days after the accident occurred. Your lawyer may argue that there was a ‘’reasonable excuse” for the delay in order to be allowed to proceed with the case.

How a Slip and Fall Lawyer Can Help?

Can you claim compensation for falling on ice? Certainly yes. If a slip and fall accident on ice has resulted in serious and catastrophic injuries, you need to work with a slip and fall lawyer to begin the process of filing a lawsuit. An experienced slip and fall lawyer can help you navigate the process and avoid errors or omissions which will compromise your chances of getting compensated. The legal team helps to build your case and position the lawsuit in such a way that you have a high chance of getting fully compensated for all your injuries and losses. Slip and fall lawsuits are often extremely complicated, and you need an experienced legal mind to make sense of the way the system functions and offer sound legal representation.