How do injury claims work when you slip and fall on ice in Ontario
Slip and fall accidents frequently occur on ice in Ontario Canada. The Eastern region (Oshawa, Whitby, Bowmanville, Ajax) are often hit harder by winter weather than Toronto proper. The recent ice storms and winter weather have increased the number of injuries. There is case-law and legislation that helps to determine whether someone is entitled to compensation for a slip and fall injury
This is a brief description of the questions that are important to ask when considering a lawsuit or claim after being injured while slipping and falling on ice in Ontario:
1. Did you provide notice of the slip and fall to the potential defendant? In some circumstances, defendants have to be put on notice of a potential claim in as little as 10 days. Some defendants don’t require any notice and simply must be sued within two years.
2. What proof do you have of the icy/snowy condition? Your evidence of what you saw and felt is the first piece of evidence. Do you also have photos? Do you have witnesses and contact information for those witnesses?
3. What caused the icy/snowy condition? Was it a failure to monitor a property and a failure to do ice and snow maintenance such as salting and sanding? Was it an unsafe condition like a sloped parking lot that pooled water in one spot or an overhang that was dripping into one place continually? We can usually assist in figuring it out.
4. Is there proof of where you fell? Did you let the property owner know about the fall? Did they see it? Are there video cameras in that area?
5. What are your injuries? What has been diagnosed and what are the risks for the future, the potential care needs for the future and the potential impact on employment? Are there fractures that can be shown on imaging, or tears or damage that can be seen on imaging?
All of the above things are issues that we would need to look into when considering the viability of an action. Most land-owners and property maintenance companies have insurance available to respond to theses losses. Some claims can be settled directly with insurance companies, while others require a lawsuit and litigation to get to the point where compensation is paid.
As personal injury lawyers handling slip and falls, we are pleased to provide free no obligation initial consultations and only pay when you win fee structure options. We can be reached at 905-409-2438.
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