How a Slip and Fall Claim Against a Municipality Differs From One Against a Private Owner in Ontario
We are in the middle of winter, which is slip and fall weather here in Ontario. Unfortunately, slip and fall accidents can result in serious injuries. As an injury victim, you may be able to file a slip and fall claim against the property owner. But what if you sustain your injury on public property?
A Slip and Fall Accident on City Property
In Ontario, walkways and other areas on city property are often in a state of disrepair and can be icy in the winter. This can lead to slip and fall accidents. But unlike private properties, Ontario’s Municipal Act governs a slip and fall accident on any city property. These are handled differently than if you had sustained an injury on private property.
A Different Standard of Care
A slip and fall accident occurring on private property is governed by the Occupiers’ Liability Act and requires proof of the owner’s negligence for a successful claim. But for the city to be held liable for an injury on public property, Ontario’s Municipal Act requires that the injured party prove that there was gross negligence involved. Consequently, since the standard of care is different, not all slip and fall accidents on city property may be eligible for an injury claim.
A Time Limit to File
There is also a 10-day time limit for a slip and fall claim to be filed in order to succeed against a city or municipality. The city must be advised by registered mail of a slip and fall occurrence within ten days of the accident. Failure to do that can potentially void a claim against the city for your injuries.
Slip and fall accidents can cause severe injuries and extensive costs. You may be able to hold the city accountable, but a slip and fall claim against a municipality is often challenging to prove. If you have suffered a slip and fall accident on municipal property in Ontario we may be able to assist you with a claim against the city. Call the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case.
