I’ve fallen on ice or snow, what are my rights?
The winter weather brings joy and wonder to kids across the country. Unfortunately, the accompanying ice and snow can be hazard for us all. From residential sidewalks to the parking lots at our favorite retail stores, there are any number of places that we might slip and fall. Have you had a slip and fall on accumulated ice or snow? If so, you may have a claim.
Owners or occupiers of property, be it residential or commercial, have an obligation to reasonably maintain their property. This obligation extends to the obligation to keep their property reasonably free or accumulated ice or snow. Of course, we live in Canada, and snow fall during the winter months is a common occurrence. The reasonableness qualifier does not hold property owners/occupiers to an absurd standard of perfection. What is reasonable, both in terms of snow removal efforts and the time within which such snow removal is completed, will be a question of fact. Contact one of our experienced personal injury lawyers to arrange your consultation.
Many slip and fall claims are subject to a two (2) year limitation period. This means that you have two (2) years from the date of your slip and fall to commence an action against the person responsible for your fall. Please note that different rules apply to slip and falls that occur on municipal sidewalks. These different rules import very strict timelines. Stay tuned for a further posting about slip and falls on municipal sidewalks. In the interim, if you think you may have fallen on a municipal sidewalk contact one of our experienced personal injury lawyers immediately to arrange an urgent consultation.
Here’s a helpful guide if you have had a winter slip and fall:
- Seek immediate medical assistance as required;
- Take pictures of the scene of your fall;
- Obtain names and contact information for any and all witnesses;
- If possible, notify the property owner/occupier of your fall; and
- Contact one of the experienced personal injury lawyers at Matlow, Miller, Cummins, Thrasher LLP to arrange a consultation.
Enjoy all of the wonderful fun that accompanies winter, and stay safe!