Slip and Fall on a Public Property

With winter arriving, the risks of getting injured, especially slipping and falling, are significantly higher. Accidents can happen everywhere and to anyone. Dirty or slippery floors, poor lighting, and ice-covered pathways can be dangerous even for the most stable of people. If you slip and injure yourself, you might be entitled to compensation. But what do you have to do to get it? We explain this and more in the article below.

Slip and fall on public property – how is it different?

Whether you slip and fall on public or private property determines how you can get compensated. Let’s say you’ve injured yourself on a private property that hasn’t been cleared of ice and snow.

In this case, you should serve the owner a written notice by personal service or registered mail no later than 60 days after the accident. It’s important to be as detailed as possible. Explain the exact location of the fall, and remember to include the time and date.

The process is different if your accident happens on public property. Once again, you must write a notice that includes the same information. However, it should be done within ten days of the incident. Remember that the notice can be sent through registered mail or by service on the City Clerk.

What are the common causes of slip and fall accidents?

Unlike what you might expect from the name, slip and fall claims aren’t just about slipping and falling. In public areas, it’s easy to experience all sorts of accidents. Among the most common are:

  • Car accidents
  • Accidents on walkways
  • Accidents in public venues
  • Accidents in public transport
  • Accidents at recreational facilities

Suppose your injuries match Ontario’s Occupier’s Liability Act. In that case, you may be entitled to sue for compensation, regardless of whether the accident happened in a school, shop, hospital, or public space.

Winter, of course, brings more potential hazards. It’s the municipality’s responsibility to ensure the sidewalks, roadways, and parking lots are cleared of snow. They also must add sand or salt to these places to remove the ice.

If that hasn’t been done and you fall, you could be subject to premises liability. Still, there are exceptions. If the area you’ve been spending time in has recently experienced extreme weather conditions or doesn’t have heavy traffic, the municipality may not be responsible for the issue.

What could be the basis for your claim?

Suffering an accident isn’t just painful. It’s expensive too! A slip and fall personal injury claim can get you compensation for:

  • Medical bills
  • Pain
  • Income you’ve had to lose due to the injury
  • Loss of enjoyment of life
  • Future medical costs
  • Rehabilitation costs
  • Medical equipment or medication

There are situations when a spouse can also receive support for the last wages due to caretaking.

How can you get a successful settlement?

Once an accident happens, make sure to get medical help. If you don’t do it straight away, you may get less compensation since you didn’t deal with your injuries. It’s also essential to collect all the evidence. This can be photos (of the area you fell), documents, and anything else that proves the basis of your claim.

Then, it is best to get in touch with a professional lawyer who can advise you on moving forward.

Our team at Mikhailitchenko Law Office has experience dealing with personal injury claims. We strive to protect our client’s rights and can help you get the compensation you deserve. Reach out to us at Phone: 416-307-2070 or Email us at: