By
Pace Law

When It Comes To Slips And Falls, Whose Property You Fall On Matters… A Lot!

September 5, 2017

Not all slip and falls are equal when it comes to personal injury litigation. In fact, when a fall takes place on municipal, versus private, property, faster and more precise action is necessary.

The problem? Most people don’t know this and are putting their potential compensation for damages at risk!

Here is what you need to know:

Identify quickly whether the fall took place on municipal property. If municipal, there is a strict 10-day window to notify the city, on top of the standard two-year limitation period to issue a statement of claim as against the property owner. Time is of the essence!

Notices to the City must include the location, the injuries, the identity of the person who fell and the circumstances. If you do not do this in time, or properly, you may lose the right to sue.

Notification should be sent to the city clerk’s office by email, fax or registered mailed with sufficient time to receive a confirmation of receipt and proving that notice was filed within the 10 days.

After 10 days, it is up to the injured person to prove that the city was not prejudice by the late notice making a successful outcome a lot more difficult. It is why putting the city on notice is step one for any lawyer, at times even before he or she is formally retained to act, and even if their client is still in hospital.

Calling a lawyer for help, especially when time is ticking, will ensure:

  • That the deadline is not missed and that the city does not shut down the claim as a result
  • That the notice is sent to the RIGHT municipality.
  • That there is sufficient detail within the notice for the person receiving it to investigate the loss

There are other important distinctions between claims made on city versus private land.

When the property that a slip on ice or snow occurred is private, all that is needed is to prove “negligence”. When the accident is on municipal sidewalk or roadway, “gross negligence” must be proved. It is the plaintiff that has to meet this onus.

In other words, the plaintiff must show the private property owner to be “unreasonable” versus “highly unreasonable” in the case of municipal land.

In all slips and falls or trips and falls the plaintiff needs to prove that the policies and procedures in place were unreasonable or very unreasonable; or that the policies and procedures were not followed and not following it was unreasonable or very unreasonable.

While it may seem like semantics to the average person taking a walk on a snow covered sidewalk, or an uneven sidewalk on a hot summer day, the good news is lawyers are used to these fine details.

Part of the legal assessment is investigating the character and nature of where the fall happened. What was the time of day or week? Was there proximity to schools, subways and public gathering spots? Is this a place where there are lots of children or seniors?

The good news you only have to do one thing.  Remembering where you fell matters. So if in doubt, call a lawyer!

If you’ve had a slip and fall or a trip and fall as a result of someone else’s negligence, call Adam Somogyi, personal injury lawyer at Pace Law Firm.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Wills And Estates
By
Pace Law
Estate planning, essential for ensuring posthumous wishes are met, remains an area 70% of Canadians neglect. This deficiency largely stems from misconceptions, such as believing estate planning is only for the wealthy or thinking they’re too young to start.
Criminal Defence Law
By
Pace Law
In Ontario, adherence to driving regulations is critical for public safety, but violations occur, leading to criminal charges.
Wills And Estates
By
Angela Barrientos
Have you ever thought about estate planning and concluded it’s unnecessary because you don’t own any real estate?
Corporate and Personal Law
By
Pace Law
A Share Purchase Agreement (SPA) is an integral document used when the shares of a corporation are being purchased. The document outlines the agreement between the buyer and seller and can be quite complex.
Wills And Estates
By
Angela Barrientos
A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top