Slip and Fall injuries are among the most neglected legal issues in Ontario. Many Ontarians are unaware of their legal rights. The manager of an establishment or building has a legal obligation to maintain a safe environment. The harm that could occur in these situations should not be underestimated.
Easily prevented slips and falls can leave a victim unable to work or with a permanent injury. That is why our firm has created services to help clients determine liability, file claims with third parties, and negotiate quick settlements. If the need arises, we even represent a client in court. As there are very strict timelines and regulations on slip and fall claims, we urge you to contact us immediately after the fall to get legal advice. The following information is general information only and should not be construed as comprehensive, complete, or as a substitute for legal advice. Please contact a legal professional for a consultation to be fully aware of your legal rights and obligations.
Slip and Falls: Who can you sue?
If you fall and injure yourself, you may be entitled to sue for compensation for your injuries under Ontario’s Occupier’s Liability Act. Generally, you can sue the owner of the property (such as a retail store, a school, a hospital, a city or municipality, or a neighbour’s) where you fell. Common examples of slip and fall incidents include falling on walkways that have not been cleared of snow or ice or that have not been repaired; falling on slippery and poorly maintained floors; tripping on objects on the floor; and, falling as a result of poor lighting.
Limitation periods for slip and fall lawsuits
In most circumstances, the law requires that you start your lawsuit for a slip and fall injury within two years of the date of the accident. However, if you are injured on a sidewalk or another area owned by a municipality, you must notify the municipality of your intention to sue within seven days of the accident. Other limitations may apply if the property belongs to the Crown. If you miss these deadlines, you may not be able to recover any compensation for your injury or loss.
Compensation for slip and fall lawsuits
If your lawsuit is successful, you may be able to recover money to compensate for your general pain and suffering, loss of income, expenses such as prescriptions, traveling to and from your doctor, and for future loss of income. The amount of compensation you receive will depend on how serious your injury is and how it affects your life. The court will often take into account your age, whether you have any pre-existing injuries or conditions, and whether you contributed to your own injury. If you have sustained injuries, you should contact a legal professional immediately so that you can obtain legal advice and avoid missing important notice or limitation periods.