An overview of slip and fall claims in Ontario -1-800-JUSTICE®

This video explains slip and fall claims, which encompass various incidents where individuals injure themselves on someone else's property. It highlights the distinction between slip and falls, such as slipping on substances, and trip and falls, which occur due to uneven surfaces or obstacles. The video also discusses the legal requirements for notifying property owners after such incidents in Ontario, particularly the 60-day notice for snow and ice claims and the 10-day notice for municipal sidewalks. Preszler Injury Lawyers, led by Jeffrey Preszler, emphasizes the importance of legal assistance in navigating these claims, ensuring compliance with notice requirements, and identifying all responsible parties. For a free consultation, viewers are encouraged to call 1-800-JUSTICE.

Slip and fall claims refer to a broad category of slip, trip, and fall type of claims. Most people think that slip and falls pertain to slipping on water, ice, snow, grease, oil, or an unknown substance. However, a slip and fall is when a person literally slips and falls, injuring themselves on someone else's property. Slip and falls also incorporate terms like trip and falls. Trip and falls occur when you trip in a hole, on broken ground, on uneven ground, or fall down a flight of stairs because there is no railing or the steps are broken. There are a variety of claims that fall under the broad category of slip and fall.

Other terms that refer to slip and fall claims include premises liability claims. These claims are often used interchangeably by people in the legal and insurance industries. Depending on where you fell and, frankly, what the cause of the fall was, it can affect your rights quite meaningfully. In Ontario, in 2021, legislation was amended to require accident victims to give notice within 60 days of their fall if they fell on snow and ice. This requirement applies only to snow and ice claims on private property. The notice must comply with the law, which means it needs to be written and must be delivered to the owner or occupier of the property and/or the contractor by way of registered mail.

Trip and fall claims, where you fall in a pothole or due to broken pavement or a broken curb, do not have the same requirements as a slip and fall on snow and ice. If you fall on a city sidewalk, a township sidewalk, or what is referred to as a highway under the Municipal Act, you also have to give notice in writing to the clerk or to the township by registered mail. However, the timeline for this notice is even shorter—only 10 days. Therefore, it is important to notify the relevant parties as soon as possible after being injured in a slip or trip and fall accident claim.

This is where law firms can come into play. Lawyers, like myself, ensure that you comply with the notice requirements depending on the type of case you are involved in. More importantly, we are able to commence a lawsuit against the at-fault parties. Remember, you may not know who all the parties are in slip and fall claims. Often, you do not know who the contractors are. For example, if you fall at a large mall, you may know who the owner of the mall is and who the property manager is, as this information is usually clearly listed, whether it be on the elevator or when you enter the property. However, you may not know who is responsible for maintaining the parking lot with respect to winter maintenance.

These are the things that law firms do for their clients. They help identify all the relevant parties and ensure that they are included in the lawsuit. We also help coordinate your treatment because most people do not have access to private benefits. At my law firm, we have a variety of connections throughout the industry that allow us to help open doors and ensure that you can obtain treatment that you would otherwise not be able to access.

In addition, we make sure that your rights are protected and help identify all avenues of recourse that you may have. We also ensure that you can access all the benefits you may be legally entitled to, whether that be long-term disability benefits, short-term disability benefits, Canada Pension Plan disability, or even Employment Insurance sick leave benefits. There are a variety of things that we can do.

So, if you have been injured in a slip and fall accident, call Preszler Injury Lawyers. We will provide you with a free consultation, answer your questions, and, most importantly, ensure that you comply with the applicable laws in Ontario that pertain to your case.