So, you had a slip-and-fall…Now what?!

Slip-and-fall injuries happen on Toronto city property every day. Many of these incidents are as a result of roads and sidewalks being left in a state of non-repair.

In cases not involving snow or ice, the Municipal Act states that a municipality is liable if it leaves a road or a public sidewalk in a state of non-repair. “Non-repair” means conditions that are unreasonably dangerous and not safe. 

Once the plaintiff/injured party establishes a condition of non-repair, the municipality must prove that it had a reasonable inspection and repair system in place to avoid liability. In cases were the plaintiff/injured party should have taken care and noticed the condition of non-repair, the court may find the plaintiff to be contributory negligent and reduce the damages awarded. This means the injured person may have been partially responsible for their injury eg. Wearing inappropriate footwear, etc.

With respect to icy sidewalks, the law will take into account severe weather storms when determining a municipality’s liability, along with other considerations such as: pedestrian traffic, the length of time the dangerous conditions existed, reasonableness of the expectation that the city would rectify the problem.

For example, a sheet of ice on a sidewalk for more than two days is an example of gross negligence .

So you had a slip-and-fall on a city side-walk…What do you do?

If you slipped and fell on Toronto city property and are injured as a result, you must put them on notice within 10 days of your injury. If you fail to do so, your action may be summarily dismissed. This requirement is to make sure the city will have an opportunity to preserve any and all evidence involving the incident.

You had a slip-and-fall on another person’s property…What do you do?

Injury that occurs on private property is subject to the standard 2-year limitation period. That means you have two years from the date of your injury to start a lawsuit. If you fail to do so, your action may be summarily dismissed.

Under the law, occupiers owe visitors to their property a duty of care while they’re on their property, both in terms of the condition of the premises, or the activity carried out on the premises. “Occupiers” include anyone who has ownership, occupation, possession, or control of a property.

There must be an act of negligence or omission on the part of the occupier to the property to cause the injury. For example, failure to clear their driveways of snow and ice is an example of an act of negligence/omission.

If you have been injured and/or disabled as a result of serious slip-and-fall incident, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your personal injury inquiries at 416-907-7364 ext 1 or at [email protected] .