Slip and fall accidents aren’t just reserved for the wintertime; hazardous conditions can arise during the warmer months when the winterkill of the cold wreaks havoc to grounds and sidewalks everywhere. If you fall on a public property and sustain injuries – the city may be liable. Here’s what you need to know.
What are the typical grounds for making a claim?
An individual who has suffered from a slip and fall accident and can potentially make a claim if the city is unable to offer an explanation for this delay in taking action to dangerous conditions.
Or if there is a gross negligence on their part and if some of the following situations pertain to you.
- Lost wages due to missed work,
- Claiming medical or rehabilitation expenses,
- Dangerous sidewalk conditions,
- Compensate for pain and suffering.
Gross negligence could mean refers to falls due to any condition that makes a surface where you are walking potentially dangerous. The cause could be anything from uneven or slippery indoor or outdoor flooring, sharp edges or falling merchandise, or poor lighting.
Understanding the 10-day rule
In order to make a successful claim against a municipality in Ontario, written notice must be given to the city within 10 days after the incident and sent by registered mail to the clerk of the municipality. This 10 day rule is a unique requirement for claims against a city and does not apply to claims against private property owners.
In an article submitted by Global News, “failure to give notice will not be fatal to a claim if the judge finds that there is reasonable excuse for the insufficiency of notice. Furthermore, there is a two year limitation to start any legal proceeding, whether against the city or against private parties.”
Notify Harris Law Immediately
Time limits are quite specific when it comes to filing legal claims if you have been injured on city or provincial property. Notifying us as soon as possible after the accident will help us protect your rights. This will also enable us to visit the scene of the fall and take note of anything that may have caused your injuries.
When you have been injured due to a slip and fall, we can help you get compensation and benefits from your insurance company. These claims may seem relatively simple, but they are complex and the outcome depends on many things, such as where the incident occurred and how serious your injuries are.
Harris Law has extensive experience in these types of cases, and we will get to work quickly to file your claim – all while we make sure that whoever caused your injury is held accountable. Contact us today if you have any questions.
