Slip And Fall Accidents | Occupiers’ Liability
By Robert Kram | February 18, 2014
For instance, let’s say a landowner or occupier of a property causes water to drain from their property onto a municipal sidewalk, which then freezes into ice. It could then be argued that under the common law, the owner/occupier has liability for a slip and fall injury which occurs on that municipal sidewalk.Note that the existence of a municipal bylaw requiring an owner/occupier to clear the municipal sidewalk does not by itself impose civil liability on the owner/occupier.
3. What happens if someone slips and falls on my property? Can I get sued?You can be sued if someone slips and falls on your property. Whether they are successful will depend on whether you have satisfied the duty imposed by the Act.
The injured person has two years from the date of the fall to bring an action for damages.
If the owner/occupier of the premises has homeowner’s insurance, that insurance will respond to a slip or trip and fall claim.
The foregoing is a simplistic overview of the laws relating to slip/trip and falls on private property. Should you be involved in a slip and fall incident, whether as a homeowner or a victim, be sure to consult a personal injury lawyer right away to learn about your rights.
Robert Kram is a personal injury lawyer with Pace Law Firm. He has been fighting for accident victims’ rights since 1972.