Things You should Know If You Are Injured In a Slip And Fall

By Kevin Souch

The cold weather brings with it snow and ice which can be hazardous to pedestrians. If you have been unfortunate and suffered injuries in a slip and fall on snow or ice there are a few things you should know.

If your slip and fall was caused by snow or ice and occurred on a municipal sidewalk there is a 10 day limitation period to notify the municipality of your incident. The Municipal Act section 44(10) states that “No action shall be brought for the recovery of damages…unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of, including the date, time and location of the occurrence, has been served upon or sent by registered mail to the clerk of the municipality.” Most municipalities have a form available on their website to report such incidents otherwise it is advisable to contact the municipal office and request the proper method of reporting.

If you have failed to provide notice within that 10 day period that does not necessarily mean that you are out of luck. At section 44(12) it states that “Failure to give notice or insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or the insufficiency of the notice and that the municipality is not prejudiced in its defence.” It is important that you consult with a lawyer who specializes in personal injury claims to determine whether you may still have the right to bring a claim rather than just assume it is too late.

This provision of the Municipal Act is obviously unfair to injured parties, most of whom are unaware that they have such a short time to notify the municipality and the Courts have been willing to grant leeway in this regard.

Unfortunately, the Ontario government has extended these notice provisions to slip and falls caused by ice or snow on commercial properties. In the case of commercial properties the government enacted an amendment to the Occupier’s Liability Act and added section 6.1. This section mirrors section 44(10) of the Municipal Act but provides 60 days to give notice of the injuries rather than 10. Instead of notifying the Municipality you must notify the occupier of the property or the property manager or the maintenance company. This can be difficult to determine so a helpful tip is to look for signs in the area or approach a business that is operating there.

Similar to the Municipal Act, failure to comply with the notice provisions does not necessarily mean that you can’t make a claim. If there is good reason for the failure or, if the defendant is not prejudiced by the late notice it is likely your claim would not be barred. Despite the fact that there may be more than one possible defendant there is only a requirement to notify one of the above and that defendant has the responsibility to notify the others.

If you have been injured in a slip and fall due to ice or snow it is important to contact an experienced personal injury lawyer like the lawyers at Sorbara Law. We can provide guidance in regards to the notice provisions and advise on whether you still have the right to bring a claim.