Winter weather, while picturesque, can be dangerous to pedestrians trying to get from point A to B. With freezing temperatures and messy conditions caused by snowfall, this season sees an increased amount of slips and falls. As we see the first sights of spring, the weather often gets worse before it gets better due to rapidly rising and falling temperatures. Even doing your best to stay safe from slip and fall injuries sometimes isn’t enough.
If you get injured walking through an area, it can be hard to determine if the property is private or municipal. Per the Occupiers’ Liability Act, amended in 2021, you have 60 days after your incident on private property to file a claim through insurance. But what about falls on municipal properties? How do they differ? Let’s take a look in more detail.
Seek Out Medical Attention
The first and most important thing is to seek medical attention for your injuries. Slips and falls can be particularly painful and cause long term effects depending on how you landed. Ensure you make an appointment with your doctor after the incident so they can verify that your injuries are from the event.
File Your Notice
As laid out in the Municipalities Act, you have 10 days to file your notice with the city, which can either be sent by registered mail or hand-delivered to the city clerk. Not filing within the 10-day limit does not bar your claim, so long as you can provide evidence of your inability to do so in the designated window. You must provide written notice of the incident including your name and contact info, the date, time, and location of where the fall occurred. Describe the circumstances as well as events leading up to it, plus any injuries that you are aware of.
Gather Information
After filing your notice, you will be tasked with establishing that the sidewalk or pathway you were taking was in an unfit condition for walking due to the negligence of the city or town in which it occurred. Consider if there were any witnesses, camera footage, or available pictures of the area at the time of the fall.
Seeking legal advice after filing your notice and gathering information can be helpful when it comes to pursuing your case. Slips and falls on municipal property are not uncommon, but they can be difficult to face alone. The lawyers at Zuber Brioux are experienced in these cases and are committed to getting you the compensation you deserve. Contact us for any of your questions or concerns!