Winter is upon us and so is slip and fall season. Every year, many individuals are injured by slipping and falling on icy surfaces like sidewalks, driveways, walkways and parking lots. These accidents can have serious consequences such as broken bones and head injuries that result in both personal suffering and economic loss because of time off work.
If you or someone close to you suffers injury from a slip and fall, it is important to understand the recourse you may have under Ontario law. Subject to specified exceptions, the Occupiers’ Liability Act, R.S.O. 1990, Chapter O.2 (the “OLA”) imposes a duty on anyone who is an “occupier” of “premises”[1] to take such care as is reasonable to ensure that persons entering on the premises and property brought on the premises by those persons are reasonably safe while on the premises.
In simple terms, if you are injured by a slip and fall on someone’s icy private property, the occupier of that property may be liable to you for damages. The big catch is that to make a claim you must satisfy the notice requirements in section 6.1 of the OLA.
Since its enactment in 2020, section 6.1 of the OLA has required that within 60 days of the injury resulting from a slip and fall you either personally serve, or send by registered mail, a written notice of the claim, including the date, time and location of the slip and fall. This notice must be served on or sent to either the occupier of the premises on which the slip and fall occurred or to an independent contractor (such as a snow removal company) that was employed by the occupier to remove snow or ice on the premises during the period in which the slip and fall occurred.
A judge may extend the 60-day deadline if you have a reasonable excuse for missing the deadline and the extension does not prejudice the defendant(s). However, it is important to recognize that a “reasonable excuse” likely means you were incapacitated or dealing with a crisis that made it physically or mentally impossible to provide notice. Being busy, forgetting, or not knowing about the law typically do not qualify for an extension.
Consequently, immediately following a slip and fall injury, the safest course of action is to retain the services of an experienced personal injury lawyer who can ensure that the steps required to allow and support a legal claim are taken in a timely and accurate manner. This includes the gathering of evidence to support a claim for damages resulting from an injury.
Of course, the first step after any slip and fall injury is to seek timely medical attention. This not only ensures that your injuries receive prompt and appropriate medical treatment but also provides expert medical evidence of the injuries suffered because of the slip and fall.
In addition, it is important to photograph the location where the slip and fall occurred as soon after the accident as is possible. The photographs should show the surroundings and the condition of the ground where the slip and fall occurred. A photo showing bare ice with no sand or salt can be compelling evidence in establishing a claim.
Other steps to consider include recording the weather conditions on the day of the slip and fall and asking for the name and contact details of anyone who witnessed the accident.
These steps can make the difference between preserving your legal rights and losing them before a claim ever begins. Acting promptly after a slip and fall not only protects your health, but also ensures you are in the best possible position to pursue compensation for your injuries under Ontario law.
[1] Generally, an “occupier” is anyone who is either in physical possession of lands and/or structures, which includes water, ships and vessels, trailers and portable structures designed or used for business or shelter, and trains, railway cars, vehicles and aircraft while not operating (“premises”), or who has responsibility for, or control over, the condition of premises, the activities happening on premises, or the people allowed to access premises: see the definitions of “occupier” and “premises” in section 1 of the OLA.
