With winter approaching hazards from ice and snow will soon be upon us. Every year many people are injured in slip and fall accidents on icy sidewalks, parking lots and stairs.
If you are injured by falling on snow and ice it is important to act quickly as your right to compensation will be lost if you fail to comply with certain time limits.
If you fall on a municipal roadway or sidewalk due to snow or ice or any other state of disrepair, you must notify the city or town in writing within 10 days of the incident. The notice must be delivered to the City or Town Clerk by registered mail or in person (we usually just fax it), and must state the date, time, and location of the fall. Failure to comply with this requirement will prevent you from receiving compensation unless circumstances such as injury prevented you from giving the notice and the municipality is not prejudiced by the failure to give notice on time.
Recently the Ontario government instituted a new time limit that applies to falls cause by snow or ice on private property. Notice must be given in writing to the owner or occupier of the property, or their contractor, within 60 days of the date of the fall. The notice must state the date, time and location of the fall and be personally served (handed to) or sent by registered mail.
If you are injured in a trip or slip and fall accident it is important to seek legal advice immediately so that your rights can be protected by giving the proper notice.