Pedestrian pathways, sidewalks, and other areas can be dangerous in winters resulting in a lot of snow and ice on them. Along with that, our hurry to reach the place also makes them a place for slip and fall accidents. However, there are different rules to govern if you have a slip and fall accident on city property. Slip and fall on a privately owned property fall under Ontario Occupiers’ Liability Act, while that on a city property falls under the Ontario Municipal Act. Slip and fall lawyer at Toronto Grillo Barristers will help you to protect your right in this case.
File your case within 10 days to protect your claim:
It is important to note that if you want to file a claim against a municipal property, then there is a 10 days stipulation period mentioned in the Municipal Act, section 44 (10). You have to file a written notice within this stipulated period mentioning the date, time and location of the accident.
Section 44 (9) allows that in order to claim your right against the municipal body, you must prove the act of gross negligence instead of just negligence as in privately owned property. Gross negligence means much more than a minor breach of the duty of care. The negligence must be of a high level of misconduct else, the municipal body is not responsible for your personal injury due to slip and fall on snow or ice.
Steps to follow after an accident on city property:
1) Seek medical attention immediately. It is also important to have a record of the medical attention.
2) Gather all relevant evidence like take the pictures of your injury, damage to your property like clothes, a location where you had a fall.
3) Note down the details of an accident like date, time and location.
4) Note down whether the place is privately owned or city property.
5) Try to find out the cause of accident like snow, ice, maintenance work happening.
6) Take note of witnesses, visible security cameras.
7) Store your clothes and foot-ware in exactly the same condition.
8) Contact a lawyer immediately.
Heads of claims:
Slip and fall on a city property include the damages under the same heads like that of an accident on private property. You can claim for compensation for your past and future medical bills, rehabilitation costs, housekeeping expense, loss of wages in the past and future, cost of damaged property, pain and suffering costs.
How we can help you?
An experienced lawyer like slip and fall lawyer at Toronto, Grillo Barristers can help you guide what you should do in case if you suffer from slip and fall accident on city property. We will make your case strong and will help you in getting your right to compensation.