Your Guide to Slip and Fall Injuries on The Snow and Ice
Ontario is no stranger to brutal winter weather. Each winter, thousands of Ontario residents sustain slip and fall injuries on the snow and ice. Injuries in winter-related slip and fall accidents range in severity from mild bruises to traumatic brain injuries and permanent disability.
When a slip and fall accident occurs in winter weather, you may have a right to hold the property owner responsible for your injury. However, proving the property owner’s liability for winter-related slip and fall injuries can be challenging. Consider speaking with a slip and fall lawyer in Hamilton to explore your compensation options.
Winter-Related Slip and Fall Accidents in Ontario
Typically, the winter season in Ontario lasts four months, from December to March. The weather and temperatures vary greatly depending on the location. In some parts of Ontario, it can get as cold as -40ºC. Ontario averages almost 80 inches of snow per year.
While most residents of Ontario adapt to extreme weather conditions and many stay home as much as possible during the winter season, some end up getting injured after slipping and falling on ice or snow.
According to the Canadian Institute for Health Information, fall-related injuries result in thousands of hospitalizations across Canada each year. Senior individuals account for over half of all injury-related hospitalizations across the country.
Common Slip and Fall Injuries on Snow and Ice
Slipping and falling on ice or snow can pose a significant risk of injury. Depending on the circumstances of the accident, a person who slips and falls on snow or ice can sustain the following types of injuries:
- Broken bones
- Muscle sprains
- Spinal cord injuries
- Bone fractures
- Traumatic brain injuries
- Concussion
- Ligament strains
- Back and neck injuries
Who Is Liable for Slip and Fall Accidents on Ice and Snow?
Under Ontario law, property owners and occupiers have a duty to take reasonable precautions to minimize the risk of slip and fall accidents on their premises. However, what constitutes “reasonable” depends on the circumstances of the accident. After all, a property owner cannot be reasonably expected to remove ice or snow every minute.
However, failure to adequately remove the accumulation of ice or snow on the property may make the property owner or occupier liable for the resulting injuries. Typically, a victim of a slip and fall accident needs legal guidance from a skilled lawyer to determine if the property owner failed to clear snow or ice within a reasonable amount of time before the accident occurred.
Pursuing Legal Action for a Slip and Fall Injury in Ontario
Not long ago, Ontario enacted the Occupiers’ Liability Amendment Act, which requires anyone who sustains slip and fall injuries on snow or ice to provide the property owner or another negligent party with written notice of the legal claim within 60 days of the accident. Failure to notify the negligent party of the intention to pursue legal action may result in the loss of the right to sue.
The rules for bringing legal action for a winter-related slip and fall injury in Ontario include:
- The notice must be submitted within 60 days of the date of the accident
- The notice must be in writing
- The notice must contain the location, date, and time of the accident
The notice must be delivered to the negligent party in person or by registered mail. Consider speaking with a slip and fall lawyer to help you pursue legal action after the accident and recover damages on your behalf.
At Virk Personal Injury Law, our slip and fall accident lawyers serve clients in Hamilton, Ontario, assisting them with the necessary paperwork and handling all legal aspects of the claims process. Call 905-521-8888 or book a free consultation online.