Who will be held liable for icy sidewalk slip and fall injuries in Ontario?

Some say that winter is the most peaceful time of the year. But along with the silence and relaxed winter months comes a fair share of challenges. It’s during this time of the year that many Canadians are hospitalized because of falls on icy sidewalks. In 2016/2017, the Canadian Institute for Health Information reported that more than 8,000 Canadians got injured in accidents that involve ice. What most people don’t know is that winning a claim for slip and fall injuries can be a complex process. Such cases are never straightforward because the circumstances involved are always different from one incident to another.

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

Icy sidewalk slip and fall accidents can lead to minor injuries like bruises and muscle strains to more serious cases like broken bones and traumatic brain injuries. For you to get compensated after a slip and fall injury on an icy sidewalk, you’ll need to partner with a good lawyer who will preserve the necessary evidence and build a strong case for you.