Slip & Falls

With the significant amount of snowfall and the extremely cold weather conditions we have experienced in Southwestern Ontario so far this winter, it is a good time to review the rights of people who have been injured as a result of a slip and fall due to snow and/or ice.

In Ontario, the Occupiers’ Liability Act requires that the owners of property (commercial and residential) take all “reasonable” steps to ensure that their property is safe for people who come onto their property. This has been interpreted to include a requirement that a property owner take active steps to monitor winter weather conditions and to then remove snow and treat icy conditions in a timely manner.

A property owner can delegate these duties to a winter maintenance company which, in turn, must then meet the applicable standard of taking “reasonable” steps to keep it safe.

It is important to understand that the law is not one of strict liability. This means if someone is injured as a result of a slip and fall on someone else’s property they are not “automatically” entitled to monetary compensation.

The property owner or winter maintenance company can avoid liability (and thus the payment of monetary compensation) if they can prove that they took “reasonable” steps to keep their property safe in the specific circumstances of where/when the fall occurred.

What were “reasonable” steps and whether they were taken and, if so, whether they were done properly, requires a detailed analysis of the particular property, the weather conditions and the steps that were taken and the time frame within which they were taken. This analysis can be complex and it should be done in consultation with a lawyer who has experience with slip and fall claims and understands the law pertaining to these claims.

It is important that this analysis be done as soon as possible after the slip and fall so that the conditions can be photographed and the available weather and maintenance records can be preserved and analyzed to determine whether any steps that were taken to maintain the property were “reasonable” in all the circumstances.

There are also strict timelines within which the property owner or winter maintenance contractor needs to be notified of the slip and fall and, in addition, strict timelines within which a lawsuit must be started.

If you or someone you know has been injured as a result of a slip and fall on someone else’s property you should first seek necessary medical attention and then, as soon as possible, seek advice from an experienced lawyer to determine whether or not you have a claim.

Beckett Personal Injury Lawyers has represented hundreds of people who have been injured as a result of a slip and fall. If you have been injured as a result of a slip and fall and would like to speak to us about whether you have a case, please feel free to call us.

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