Slip and Falls – what does it mean and what do you do?
Winter months are here again, and as slip and falls are inevitable, please keep in mind the following:
You may be entitled to compensation for any injuries you suffered because of a fall. You could sue the owner, any property managers or maintenance companies – parties who are responsible for the property in question.
To do so, you will need to prove:
A) that your injuries are a direct result of the slip and fall on that particular premise; and
B) the owner and other related parties failed to act or were negligent.
In Ontario, the Occupiers’ Liability Act governs slip and falls. Specifically, it states that occupiers owe a duty of care to those entering their premise to ensure they are reasonably safe.
Exceptions: this does not apply to those who are on the premise in relation to criminal activity, those who do not have consent to be there such as trespassing and for recreational purposes.
Also, the Ontario’s Negligence Act must be considered in slip and falls. It is possible that you may be found to have contributed to the slip and fall. This affects the outcome of the case as the fault is divided between the you and the owner.
Immediately following your slip and fall, what should you do?
1. Take photos of the area where you fell and its surrounding areas.
2. Write down the date, time and whether condition and the condition of the area where you fell.
3. Write down the names of the people who witnessed your fall.
4. Take pictures of your footwear from all angles and remember to preserve them in their current condition.
Important to note:
If you fall on municipality premise, you must notify the municipality within 10 days of the slip and fall. If you are uncertain whether the premise in questions is the responsibility of a municipality, contacting them directly should help you determine such.
If you fail to provide notice in the above time period, you will need to provide a reasonable excuse which must also not prejudice municipality by this late notice.
The limitation period is 2 years from the date of the slip and fall. This means you must start a claim within 2 years of the date of your accident. Those under 18 years old are not subject to the same limitation dates.
As you can see, slip and falls are a tricky matter and there are a lot to consider. Please consult a personal injury lawyer immediately if you have slipped and fall and they can properly direct you to the next steps.
Disclaimer: The foregoing is for informational purposes only, and should in no way be relied upon as legal advice. For legal advice tailored to your circumstances, please contact PINTO LAW by email or telephone.