60 Days or Less: Preserving Your Rights in a Slip and Fall
Winter has arrived, and with it comes the unavoidable slippery sidewalks and walkways. Under the Occupiers Liability Act those who occupy a property (either as an owner or by lease) have a recognized duty owed to people who visit the property, and even those who trespass on it. The Act also addresses the liability these occupiers have for accidents which arise because of the dangerous conditions of the property.
When dealing with public sidewalks, the Municipal Act sets out a 10 day notice period in which a person who has slipped and injured themselves on municipal sidewalks, must give the municipality notice of the accident. This notice period is not the same when dealing with private occupiers.
Two weeks ago the Government of Ontario amended section 6.1(1) of the Occupier Liability Act which now reads “No action shall be brought for the recovery of damages for personal injury caused by snow or ice against [an occupier or an independent contractor employed by the occupier to remove snow or ice], unless, within 60 days after the occurrence of the injury, written notice of the claim is served.” While this 60 day notice period is longer than the one under the Municipal Act, frequently, the full extent of a person’s injuries are not known within these notice periods. Nonetheless, in order to preserve your rights, sending notice to an occupier within these time frames is critical.
If you or anyone you know has been involved in a slip and fall accident, our team of experienced Ontario personal injury lawyers can help. Contact us online for a free legal consultation or call 705-526-1471 to speak directly with one of our lawyers.