Slipped on Ice in Ontario? The Deadlines That Can End Your Claim Early
Winter falls are common and the injuries can be serious: wrists, hips, shoulders and heads. What surprises people is how quickly the law expects them to act. A slip and fall on snow or ice carries notice deadlines that are far shorter than the general limitation period, and missing one can sink an otherwise solid claim.
Here is what the clock looks like and how to protect yourself.
The 60-day snow and ice rule
For injuries caused by snow or ice on private property, Ontario requires written notice to the occupier and to any contractor responsible for clearing it within sixty days of the fall. The notice has to set out the date, time and location, and it must be delivered the right way, by personal service or registered mail.
This rule is relatively new and it catches people off guard. The claim is not automatically dead if notice is late, because there is room to argue a reasonable excuse and no prejudice, but you do not want to be relying on that exception when you did not have to.
Falls on a municipal sidewalk
If you fell on a city sidewalk or road, a different and even shorter rule applies. Notice to the municipality is generally required within ten days. Municipalities also benefit from a lower standard of care for sidewalk ice and snow, which makes early evidence and timely notice all the more important.
What to do the day it happens
Photograph the hazard before it is salted or cleared, get the names of any witnesses, and report the fall in writing to the store, property manager or city, asking for a copy of the incident report. See a doctor even if you feel you can walk it off, because the records that start on day one are the backbone of the claim.
Then call a lawyer quickly, specifically so the right notice goes to the right parties inside the deadline.
- ·Snow and ice falls on private property require written notice within 60 days, served the correct way.
- ·Falls on a municipal sidewalk generally require notice to the city within 10 days.
- ·Photograph the hazard before it is cleared and report the fall in writing right away.
- ·Late notice is not always fatal, but it turns a strong claim into an uphill one.
This article is general information, not legal advice, and every case turns on its own facts. If you have been injured, and especially in a matter involving slip and falls, Shah & Shah Lawyers offers a free consultation.