Poorly shovelled sidewalks will lead to slip and falls this winter

By Paul Russell, LegalMatters Staff • Many Canadians enjoy skiing, sledding or just walking through a snow-covered park during the winter. But a downside of the season is the increased likelihood of being injured in a fall, perhaps on an icy sidewalk or in a poorly maintained parking lot.

“If you fall because someone neglected to salt the ice or clear the snow properly, you may be entitled to compensation,” says Ontario disability and personal injury lawyer Joshua Goldberg. “It all depends on the circumstances that led to your injury, such as where and how it occurred.”

He notes that property owners have a legal obligation to ensure their premises are safe for visitors with regular inspections, maintenance and prompt repairs of any potential hazards.

“The duty of care demanded by the Occupiers’ Liability Act requires anyone who owns, controls, or manages a property to take reasonable precautions to prevent accidents,” says Goldberg. “In the winter, that would include clearing the snow and salting the sidewalks regularly, especially with privately owned retail businesses that rely on customers visiting the premises.”

‘Time is of the essence’

In all cases, he says “time is of the essence” when seeking damages after a fall.

“Under the Occupiers’ Liability Act, someone hurt in a slip and fall on private property only has  60 days to notify the potential defendants,” says Goldberg, principal of Joshua Goldberg Law. “Sixty days may seem reasonable, but that time will slip away quickly, especially if the full extent of your injuries is not immediately apparent after your fall. It could take weeks or even months before you have a true measure of the harm inflicted..”

He says there could also be issues with tracking down the property owner and their address so you can serve them with a legal notice about your claim.

“As the Act states, ‘No action shall be brought for the recovery of damages for personal injury caused by snow or ice … unless, within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person,” says Goldberg.

Municipalities must be notified in 10 days

He says that if your fall occurred on municipal property, the timeline for notifying the municipality is just 10 days.

“If you have a tumble on an unmaintained sidewalk at city hall or a library, for example, you must act fast to be eligible for compensation,” Goldberg tells LegalMattersCanada.ca. “And this 10-day window for reporting incidents on municipally owned property stays in effect year around.”

He adds that these time limits do not apply if a death results from the injury or the plaintiff demonstrates a reasonable explanation for the failure to provide notice within the deadline.

“If you were so badly injured that you physically could not go through the steps of filing a claim, the court will grant an exemption,” Goldberg says.

To obtain a favourable settlement in a slip and fall case, you must show that the property owner or occupier was negligent and that this negligence directly caused your injuries, he says.

“The strength of your case largely depends on the available evidence,” Goldberg explains. “That could include photographs or video footage of the scene, witness statements and medical records detailing your injuries.

“The severity of your injuries and their impact on your life can also play a role,” he says. “If you had to take time off work after the fall or were left with a serious injury that caused you significant pain, that could result in you receiving a higher damage award.”

Unintentional falls are common

According to the Canadian Institute for Health Information, unintentional falls remain the most common cause in Canada for hospitalizations and emergency department (ED) visits for injury and trauma.

“According to our latest data, there were almost 654,000 reported ED visits for injuries sustained after unintentional falls, accounting for almost a third of all reported ED visits for injury and trauma,” the Institute states.

Globally, falls are the second-leading cause of unintentional injury deaths worldwide, the World Health Organization (WHO) states.

“Each year an estimated 684,000 individuals die from falls globally [with] adults older than 60 years of age suffering the greatest number of fatal falls,” WHO states. More than 37.3 million falls “are severe enough to require medical attention occur each year.”

Seek medical and legal help

If you are injured in a slip and fall, Goldberg says the first thing to do is to seek medical attention.

“Don’t just assume that the pain will go away over time,” he says. “See your doctor for expert medical advice. They might send you for an X-ray or other tests that will help reveal the full extent of the damage you have suffered.”

Goldberg advises clients to ask for copies of all medical records and track any expenses incurred due to the injury, such as medical bills or lost wages.

“It is a good idea to talk to a personal injury lawyer about the circumstances that led to the fall,” he says. “They can also advise you on your chances of receiving a settlement and can give you guidance about what steps to take next.

“Slip and fall cases can be complex, as they require proving that the property owner was negligent,” Goldberg adds. “A personal injury lawyer can help you gather and present evidence that shows the owner failed to maintain a safe environment, leading to your fall and subsequent injury.”