As summer transitions into autumn, you need to be aware of the weather conditions changing. Canadian weather is unpredictable, ranging from wet autumns to long winters. With all that rain, snow, and ice, there is an increased chance of a slip-and-fall accident. Let’s go over what exactly that is and how they can happen.
What is Considered a Slip-and-Fall Injury?
A slip-and-fall injury can happen after slipping, tripping, or stumbling. Keep in mind that this can happen during the entire year both indoors and out. Things that can cause a slip and fall include:
- Ice and snow
- Loose rugs
- Spilled substances that weren’t cleaned up
- Mopped floors without warning signage
- Uneven steps
- Poor lighting
- Warped floorboards
- Broken pavement and sidewalks
- Boxes obstructing an aisle
Where Can Slip-and-Falls Happen?
These accidents can occur on another person’s property or a place of business due to negligence.
- Sidewalks and parking lots
- Grocery and other retail locations
- Apartment complexes
- Public restrooms
- Construction sites
- Elevators and escalators
- Swimming pools
- Parks and playgrounds
What to Do If You’ve Fallen on Ice or Poorly Cleared Snow
DO NOT take your time!
Amendments to the Occupier’s Liability Act now require that you notify the people or companies who are responsible for the area where you fell within 60 days of the date the accident occurred if you have fallen as a result of ice or poorly cleared property. This notice must be in writing and either delivered personally or by registered mail. It must include the date, time, and location of the slip and fall and indicate that you intend to bring a claim. If you fail to provide notice within the 60-day notice period, your right to sue and pursue damages may be prejudiced.
If your fall occurred on municipally owned property, the Municipal Act, provides that the written notice must be made within 10 days of the date the accident occurred. This applies to all slip-and-fall and trip-and-fall accidents on municipal property and is not exclusive to ice and snow.
Once you have submitted your written notice, you will continue to have two years from the date of the accident, pursuant to the Limitation’s Act, to issue a Statement of Claim. Giving notice is not equivalent to starting a lawsuit.
It is more important than ever to seek appropriate medical care immediately following a slip and fall accident and to obtain legal advice from an experienced lawyer. If you have been injured in a slip-and-fall accident, do not hesitate to contact our team at Zuber Brioux. We have been serving personal injury victims in Eastern Ontario for over 25 years and would be happy to provide a free consultation to discuss your individual matter.