If you have been injured in a slip and fall incident on ice and snow that was caused by someone’s else’s failure to clear ice and snow, you only have 60 days from the date of the incident to notify the people or companies who are responsible that you may have a claim.
How / Where / When to Give Notice?
The Occupiers’ Liability Act requires that you provide written notice of the incident (including date, time and location) to the property owner/occupier and/or contractor responsible for removal of ice and snow on the property during the time the fall occurred.
This notice period is not long – especially if you have suffered serious injuries. You will likely be concerned with seeking medical attention and rehabilitation. But you must quickly identify the people or companies who are responsible for the negligence, obtain the legal names and addresses for these parties and deliver the written notice either personally or by registered mail.
Missing the deadline could be a bar to pursuing a lawsuit and prevent you from receiving compensation for your injuries.
While the deadline is tight, it also provides an opportunity for the parties to preserve information relevant to your fall including witnesses, contract information, video footage and other evidence.
Exceptions
There are exceptions to the 60-day notice requirement. The notice period does not apply in the case of the death of an injured person. Also, failure to give notice or sufficient notice within 60 days is not a bar to a lawsuit if a judge finds that there is reasonable excuse and that the responsible party is not prejudiced in its defence.
Falls on City / Municipal Property
There is also an exception to the 60-day rule for slip and fall incidents occurring on city or municipal property set out in the Municipal Act, 2001. If you were injured on city property, you must give notice in writing within 10 days. You must serve this notice personally or by registered mail to the municipality clerk (or the clerk for each municipality, if the claim is against two or more cities).
In addition, you cannot bring a claim against a city for a slip and fall on ice or snow unless it was a case of gross negligence (such as very great negligence or a blatant breach of the city’s duty of care). It is difficult to know whether this test has been met within the 10-day notice period – so it is important to provide notice as soon as possible after a slip and fall on ice or snow to preserve your right to pursue compensation.
Are There Other Timelines?
Even after providing notice, you must commence a lawsuit within 2 years of the incident. If you do not bring a claim, you may be barred from proceeding – so don’t slip up and miss important notice and claim requirements!
Reach out if you have slipped and fallen on ice or snow. We can advise you about how to approach a potential claim, including reviewing your rights, compensation you might be entitled to claim and important deadlines to meet.
More information? We’re here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
