If you fall on city property, you better act fast. You have only 10 days in which to file a claim. Otherwise, you will have exceeded the statute of limitations, and the court will not honor your complaint.
If you slip and fall on a commercial or private property, the statute of limitations extends to the length of 2 full years. Still, you must refrain from procrastinating, and waiting until the last minute. If you fail to file a claim during that 2-year interval, you will lose your chance to seek compensation for any injuries.
At what stage of the process should you file a personal injury claim?
First, get medical help as soon as possible, once you have been injured. Note the time and date of your falling incident. Save the pair of shoes that you were wearing at the time. Let property owner know that you intend to file a personal injury claim. Wait for a response. After you get a response, file the claim. If it looks like there will be no response, do not hesitate to take action. Hire a Personal Injury Lawyer in Hamilton, so that the two of you can work on the appropriate charge.
Possible charges against the property owner:
• Was there a safety issue that could have been addressed by the property owner?
• Had a potential danger been marked off with a warning sign?
• Were weather conditions addressed in a sufficiently short space of time? This question would relate to a situation in which someone had fallen on an icy sidewalk, or on a similar surface.
• Was there is plan in place for removal of ice and snow? This question could be asked of a commercial establishment. The owner of a private property might have a rather general plan, but nothing specific.
• Had the property owner allowed the formation of a puddle, a spot that might freeze, if temperatures were to drop? This would be a logical question in a place where residents could expect colder temperatures. It would not be a logical question in an area that only rarely experienced such temperatures.
• Had arrangements been made for regular inspections of the site where someone became the victim of a falling incident? This would be another question to ask if a fall occurred on a commercial property.
• Should the owner have invested in a handrail? This question could be raised if someone fell on the stairs or off of a balcony.
• Should the owner have invested in better lighting? This question could be raised if the victim fell in a poorly-lit spot.
Possible defenses that can be used include that the victim was not wearing a sturdy pair of footwear. They can also say that the victim failed to pay attention to the posted warning.