It’s a common mis-perception that slip and fall accidents are pretty straightforward and easier for a personal injury lawyer to handle as compared to for instance a motor-vehicle accident claim, since there are no complex insurance regulations to negotiate, no statutory threshold, deductibles or parallel claim for statutory accident benefits to make. However, these cases can be much less simple than they’re assumed to be.

Our free consultation injury lawyers can provide a swift, genuine and comprehensive evaluation of your claim for compensation from the City for a slip and fall accident.

Some Critical Issues

The municipality or government owes a common duty of care to sidewalk users to ensure that they remain safe in icy weather conditions. In standard slip and fall accidents there may be a longer time period in which to file a notification of the accident but in the case of government/municipal bodies, a notification has to be sent by registered mail to the clerk of the municipality within 10 days of the incident. This rule is unique to claims against a city. The time-limit within which to start legal proceedings is the same as for claims against private parties which is two years.

This 10-day rule can be waived only if there have been unavoidable circumstances that prevented filing, such as the plaintiff’s death as a result of injuries sustained in the accident or if the judge deems that there are reasonable excuses for the delay. This rule applies to provincial highways too.

The city can be held liable if it’s proven that it was grossly negligent as deemed in Sec 44(9) of the Municipal Act. The concept of “gross negligence” can be interpreted in various ways. For instance, if black ice has not been cleared from the sidewalk for more than two or three days, or when icy conditions and heavy snowfall occur, the city did not take immediate steps to clear the sidewalks or if the municipality has no policies or did not follow its own policies to ensure the safety of citizens on the sidewalk.

Roads or lanes which are regularly used by people can be treated as sidewalks.

These and other complex legal provisions could make the case quite difficult and long-drawn out. Our experienced injury lawyers are well-versed and well-informed about such regulations and the changes that occur in them from time to time.

What To Do Following A Slip and Fall Accident

Unless the victim is critically injured, there are some basic steps that can be followed in the moments that immediately follow such an accident.

Many people experience embarrassment or loss of dignity when they slip and fall and are quick to dust themselves off and exit the place as quickly as possible. However, such accidents can cause injuries that manifest after a longer period and lead to serious problems later, when it is too late to file compensation claims.

Hence, it’s important not to make admissions like “Oh, I’m fine!” “Just didn’t see that patch of ice!” or “It’s my fault!” If such statements are quoted later during negotiations with insurers, our 24×7 injury lawyers may find it difficult to sustain claims of injury related to your slip and fall accident.

Gather as much evidence as possible about the location, land-marks, condition of the side-walk etc and if possible, click pictures on your cellphone. Make a note of the exact time, day, address and what the weather was like.

Our immediate injury lawyers available 24×7 would also require information about what exactly the victim was wearing, including foot-wear. Preserve these items in a safe place so that they can be produced later if required. If the victim wears eye-glasses, keep the last prescription and make a note of whether they were wearing the spectacles at the time of the accident.

If victims were on medication, whether they had consumed alcohol, were familiar with that area/location, their medical condition, previous history of falls, etc are all important information that serious injury lawyers can use.

We have the resources and expertise to access police and ambulance reports, assemble witnesses, procure documentary/photographic evidence, access surveillance camera records if available at the spot, to put together a robust compensation claim.

While dealing with government or municipal agencies, it’s important to remember that delays are a part of the legal process. Examining their set standards of property maintenance and safety guidelines is another task vital in personal injury cases, since breach of such regulations can be proven.

Ensure that the maximum information is provided to your lawyers to enhance the chances of a favorable outcome.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help.TM (416 931 5015)