Falls on Municipal Property
The term “trip & fall” or “slip & fall” refers to falls as a result of any condition which makes the surface where one is walking uneven, inconsistent and potentially hazardous. Slip & falls can occur as a result of broken pavement, wet floor, loose carpet, ice or any other unstable surface. Injuries from these types of accidents can range from a bruised knee to serious fractures requiring extensive surgery.
The law in Ontario states that it is the responsibility of the store, business, or private property owner to take reasonable means to ensure the safety of anyone who enters onto their premises. Slip and fall accidents can occur anywhere, from a spill on the floor at the supermarket to a neighbour not clearing his/her driveway of ice. When filing a lawsuit for a slip and fall case, you must be able to prove negligence on the part of the property owner.
The personal injury lawyers at Singer Kwinter have established a solid reputation in representing accident victims who have suffered serious injuries as a result of a slip and fall accident.
Suffered a slip & fall on a municipal sidewalk or road?
Follow these steps.
1. Immediately after a fall on a municipal sidewalk or road, take pictures of the hazard that caused your fall and of the location of the fall. If you are unable to do this because of your injuries, make sure to have a representative do this for you as soon as possible.
2. Make note of the municipal address nearest to where you fell. This will assist the municipality in determining your fall location.
3. Warning: The law in Ontario requires that written notice of the claim and of the injury complained of be served upon or sent by registered mail to the clerk of the municipality with jurisdiction over the fall location within 10 days of the fall. If this notice is not provided within 10 days than any civil action against the municipality for the fall could be barred.
4. To preserve the condition of the soles of your shoes, do not wear the footwear that you were wearing at the time of your fall until your claim has been resolved.
5. If there were any witnesses to your fall it is important to obtain statements from them as soon as possible. Record the witness’s name, address, phone number and observations–specifically their observations about the conditions that caused your fall.
6. The law in Ontario requires that gross negligence be proven against the municipality in cases where a fall on a sidewalk or road has been caused by snow or ice. Gross negligence is a higher level of negligence which Courts have interpreted to mean that the municipality can be found to be negligent but not liable if that negligence did not reach a certain level.
If you or someone you know has been injured in a slip and fall accident, contact Singer Kwinter and schedule your FREE INITIAL PHONE CONSULTATION. You will pay no fees until your case is won or settled.
Call Toll Free 1.866.285.6927