Many do not take slip and fall accidents as seriously as other types of accidents. Mostly because the injuries aren’t immediately apparent. In most cases, the victim also does not exhibit any signs of pain or discomfort. They may have been walking a minute ago, and a minute later, they find themselves on the ground. However, the far-fetched results can include a broken bone or two or maybe several. In severe cases, it may be an internal injury to the brain or spinal cord. Recovering from these takes a toll on the victim physically and financially.
The question that needs to be addressed is: Who should be held responsible for a slip and fall on a sidewalk?
Is it the city, the owner of the property or the business which is located next to the sidewalk?
To be honest, there is no clear-cut answer. Finding liability for sidewalk injuries in Ontario is not easy, especially when there are multiple parties sharing the responsibility and legal requirements. This blog post analyzes who can be held accountable and why it is important to hire a personal injury lawyer to pursue your claim.
Understanding the “Duty of Care”
According to the law in Ontario, there can be numerous parties involved, under the obligation of having a “duty of care” to maintain a hazard-free sidewalk. It establishes a responsibility, guaranteeing that their surroundings are safe enough for the public to use them. Failure to fulfill this duty could be considered negligence, forming a strong base for a personal injury claim.
The three common parties often held responsible for sidewalk injuries include:
- The Municipalities (of the region)
- Owner of a Private Property (including landlord)
- Businesses or Commercial Tenants
Each of these parties has a different legal obligation, and their liability rests on a set of various factors, such as location, nature of the hazard, and who had control over the area.
1. When is a City Held Responsible
The responsibility to take care of public sidewalks, which also includes the walkways in streets and parks, is usually given to government bodies like the municipalities. Nonetheless, the liability of the city might not be as straightforward as you might think.
In Ontario, the Municipal Act, 2002 states the rules under which and when a city can be held responsible for injuries caused by a slip and fall on a sidewalk. The Act indicates that liability can only arise if the city fails to meet a reasonable standard of care in maintaining a sidewalk. This includes duties such as:
- Clearing snow and ice at a reasonable time.
- Repairing cracks and uneven surfaces of sidewalks.
- Use proper signage during maintenance and construction.
However, there is a snag.
The law provides considerable protection to municipalities. To provide you with an idea, they will not be held automatically accountable for every slip and fall on icy sidewalks. You need to demonstrate that the city has been committing “gross negligence”, which is a far higher legal measure than mere negligence.
Additionally, bear in mind that in case of such a lawsuit, things are not different in that you have to file a written notice within 10 days of the accident if you are suing a municipality. Failing to meet that deadline may weaken your whole claim.
That being the case, it is prudent to consult an expert, especially one who has been handling personal injury cases, to learn how municipal liability is handled. Personal injury lawyers are familiar with the thresholds of the law and documents needed to prove your case.
2. When the Landlord or Property Owner is Liable
There is the possibility of liability on the part of the property owner in case you fall on a privately owned sidewalk or pathway, like in a condominium complex, outside a residential or commercial property.
According to the Occupiers’ Liability Act of Ontario, any occupier or possessor of any property (which may include landlords) is required by the statute to take reasonable steps to ensure that visitors, tenants and the general public are safe when on their property. That includes:
- Clearing snow and icy walkways
- Repairing broken pavement and loose tiles
- Removing any obstructions or debris
- Installing enough light on the walkway
Not meeting these obligations might expose the property owner to liability for your harm. Contrary to municipal claims, you typically do not have to prove gross negligence on the part of a private occupier, but rather that they failed to take reasonable steps to avoid foreseeable injury.
With that being said, it might not be as simple to decide who has ownership and who has control. In some cases, landlords hire property management firms to look after the maintenance. In other cases, the tenant may be liable according to a lease agreement. It is precisely in sorting out such nuances that a personal injury lawyer can guide the victim with the right advice.
3. When the Business is Liable
Businesses may be liable for slip and fall accidents in commercial areas, even if the sidewalk is adjacent to their property but not technically on their premises.
A large number of lease agreements shift the responsibility for snow and ice removal, or maintenance in general, to the business operator. When a person falls on an ice patch that the business failed to clear, the company may be sued for negligence.
Also, the business must make sure that its operations are not causing any hazard to the sidewalk. For instance:
- Cafes with outdoor seating must make sure their customers and seating arrangements do not block the walkway.
- Retail stores must not put displays away from the store, near walkways, only to attract potential buyers.
- If there is a construction project going on, the company must use proper signage and barriers for public safety.
When a business does not take reasonable measures to maintain a safe surrounding, and you sustain an injury, they and their insurers must be held responsible.
This is when a personal injury lawyer can help investigate properly by going through lease agreements, contracts, and maintenance records to determine liability.
The Importance of Gathering Evidence
No matter who is held responsible for the sidewalk injuries, proving your claim needs strong, undeniable proof. Here’s what you must gather as soon as possible after such accidents:
- Pictures from the scene (try to capture the weather, the obstacle, and the kind of lighting)
- Note statements of people present at the scene at the time of the accident
- Make a separate file for the medical records that show your injuries
- Reports of the incident (if the accident happened near a business or public property)
- Maintenance records (which your lawyer can later refer to)
A key point to remember is that timing is crucial in sidewalk injuries, especially if the accident occurred due to snow or ice. Your prompt action can help identify the right evidence for building a strong claim, thereby improving your chances of winning.
For What Losses Can You Claim Compensation?
If you are able to successfully file a personal injury claim, you may be entitled to the following compensation:
- Cost of medical treatment (past and future)
- Loss of income or earning capacity
- Pain and suffering (psychological)
- Rehabilitation costs
- Out-of-pocket expenses
- Loss of happiness in life
The compensation you will receive will be determined by the extent of your injuries as well as how they will affect your life in terms of nursing and daily activities. An experienced personal injury lawyer in Mississauga assists you in quantifying your damages and fights to obtain the highest amount of compensation.
Conclusion
Sidewalk injuries may appear to be fairly straightforward to handle, but the legal landscape is not so simple. The city, a landlord, a business, or even all three may be held responsible, depending on the location and the circumstances.
Cases like these require prompt attention and legal expertise, especially when responsibilities overlap and strict legal deadlines apply. This is why the next step you need to take after a sidewalk injury is to consult a reliable personal injury lawyer at MacIsaac Gow LLP. Claimants in the region trust us for the clarity, advocacy, and results that we have consistently delivered.
Your health and financial future are too precious to take chances, not to mention leaving them in the hands of insurance companies. Make sure you have a helping hand guiding you in the right direction of recovery and justified compensation.
Key to Your Legal Success