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There are quite a few things that you might want to take into account when it comes to slip and fall accidents. There are different types of those as well as different locations on which they might take place. With this in mind, it goes without saying that public sidewalks during the winter are without a doubt amongst the most common causes for slips and falls. This is why they deserve a special place and they need to be properly taken into account.
Key considerations about Occupier’s Liability Act of Ontario
Generally slip and fall accidents and the liability which is due for them derive from the Occupier’s Liability Act of Ontario from 1990. This particular piece of legislation has quite a lot of regulations but in general it describes the relationship between the owner or occupier of the premise and the one who had incurred damages on it. This raises the question – who is liable in a slip and fall case on public property such as a sidewalk? The question might actually be more complicated than you think.
Municipality
Even though this seems like the most common answer, not all sidewalks are owned by the municipality or at least the latter doesn’t owe the duty of care towards all of them. However, when the sidewalk is property of the municipality, your claim should be addressed towards it. You need to notify the municipality not more than 7 to 14 days (depending on the legislation) about your intent to pursue compensation. After that, you can’t file your claim for another 60 days. This period is given for the municipality to investigate the case and prepare its defense or take actions towards paying the compensation. After the 60 days are due, you got 2 years to file your claim which should be more than enough for you to organize a proper claim.
Private sidewalks
Sidewalks which are in front of stores, malls, parking lots and other commercial facilities are usually placed within the authority of the facility when it comes to cleaning. That’s why it is the store which is responsible for improper conditions on the sidewalk in front of it. This is only logical. However, if that’s the case, you are in front of a regular civil lawsuit against a private entity and you should follow the regular procedure.
The thing that you need to consider is getting the help of a personal injury lawyer. He’s capable of assisting you through this complicated matter and he’s going to get you that compensation that you are otherwise legally entitled to. With all this in mind, you should find someone with the necessary expertise and skill set in this particular area. Most of the personal injury lawyers in Hamilton or in Cambridge understand all aspects of such injuries and can represent on your behalf to help you get justice.