What To Do After A Slip And Fall Injury On Snowy Or Icy Sidewalks

It’s that time of year again when walking outside can sometimes become a treacherous activity. Slip and fall injuries on ice and snow are commonplace in Ontario and the caselaw in this area has evolved over decades of judicial decisions. Readers should be aware of recent changes to the law that affect their rights to seek compensation if injured in a slip and fall on private property such as a commercial plaza, a shopping mall or even a private residence as a result of ice or snow. Prior to the changes in the law, the injured person had two years from the date of the injury to begin legal action against the owner/occupier of the property to seek compensation for their injuries. They did not have to provide written notice of their intention to sue, unless the property owner was a municipality.

Now, in addition to starting a legal action within two years, the person injured in a slip and fall due to ice or snow must provide written notice of their intention to begin a legal action against the property owner/occupier within 60 days of the incident. The written notice must be given within 10 days of the incident if the property owner/occupier is a municipality. The written notice must be served in person or by registered mail according to the Occupiers Liability Act, and it should include the details of the incident, the time of the incident, the date, place of incident, and the person’s name and contact information.  Failure to serve the written notice within 60 days may act as a complete bar to seeking compensation within the two-year limitation period to start a legal action.  

 Aside from providing written notice to the property owner, you should obtain photos of the area in question as soon as possible in order to document the snowy/icy conditions. Without proof in the form of photos or eyewitness accounts, it will be difficult to prove that the property owner fell below the standard of care and failed to keep the property reasonably safe for pedestrians to use. Contact us for a free consultation should you have any questions about your slip and fall injury.