It can be difficult to know whether you can hold someone responsible in the event of a slip and fall in a parking lot which left you injured. It should come as a relief to you to know that yes, if unsafe conditions led to your full, and thus your injury, you may be able to file a liability claim against the person who either owns, or occupies, that property, or if neither of those are the case, against the party whose responsibility it is to maintain that property.
Common Causes For Slip And Falls In Parking Lots:
• Neglect in removing ice and snow within a certain time frame
• Failure to provide adequate lighting on the property
• Neglect to patch potholes, damaged curbs, and/or broken concrete
The Responsibilities of The Parking Lot’s Owner/Occupier
As stated in Ontario’s Occupiers’ Liability Act, it is the duty of the owner, or occupier, of the parking lot, or other property, to uphold reasonable safety standards on that property. However, this can be difficult to determine, which is why the courts have assembled a list of questions which they ask themselves in order to determine whether these safety standards were upheld. These questions are:
• Was the danger foreseeable?
• Did the owner/occupier have a pre-existing system of maintenance and inspection for their property?
• Did the owner/occupier comply with reasonable standards of maintenance of their property?
• Is it reasonable to assume that the owner/occupier has known but neglected to discard/repair the hazard which led to the plaintiff’s injury?
This duty of care applies to the owners/occupiers of public and private parking lots. And if they are liable for the neglect of the area which led to the plaintiff’s injuries, they would be liable to pay for the damages. That is why hiring an Injury Lawyer in Brantford after you get injured is important.
How To File A Claim Against The Owner/Occupier
As stated within the Limitation Act, you have a span of two years in which you can file a personal injury claim against the owner, or occupier, of the parking lot in which your slip and fall occurred and left you injured. These two years generally begin at the date on which you sustained your injury. It is important to note that, if your injury occurred in a City parking lot and due to hazardous conditions, you will also be required to write and file a notice prior to filing your claim. This notice will need to explicitly state your intent to file a personal injury claim and be sent to the municipal clerk during the first ten days following your accident.