Who can be sued for Negligence in a Slip and Fall Accident Case?

Under Provincial personal injury law, the Occupier’s Liability Act allows you to sue for compensation if you’ve been injured in a slip and fall accident.  For example, you can sue a property owner if you sustained injuries because you fell on their premises.  In this example, “premises” could be but is not defined exclusively as:

  • a city or municipality
  • a clinic, hospital, or physician’s office
  • a mobile home or trailer
  • a neighbor’s property
  • a passenger airplane or train
  • a portable structure on business or residential property
  • a retail business
  • a ship or vessel

As you can see, there are a lot of different “premises” that are defined under this law.  More information regarding this topic can be found under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 or you can consult with a personal injury lawyer that specializes in slip and fall accident cases.

Examples of Slip and Fall Accidents

The most common example of slip and fall cases that a personal injury lawyer in Kingston and their staff typically handle are those resulting from falling on walkways during winter when the property owners fail to clear the ice or snow off of them.  Other common cases include those where the injury individual fell:

  • because they tripped on something that was lying on the floor
  • due to a poorly lit path or walkway
  • on dirty or slippery flooring
  • while walking on a surface that was badly in need of repair

If you were recently injured in a slip and fall accident on any of these premises, you should discuss your potential claim and possible lawsuit with an experienced injury lawyer that specializes in these types of cases.

Limitation Period

In most instances, you have 2 years from the date of your slip and fall accident to start your lawsuit.  However, if your accident occurs on city or municipal property such as a driveway, parking lot, or sidewalk, you have 10 days in which to notify these entities of your intention to sue them.  Furthermore, your lawsuit must begin within the 2-year period mentioned above.  If the property is owned by the Crown, there may be other exceptions or limitations.  Failure to meet these deadlines could result in losing your right to recover compensation for the injuries you sustained and any applicable losses.

Compensation

You may be entitled to compensation for costs of traveling to and from your physician’s office, future loss of earning potential and income, general pain and suffering, and any medical and prescription expenses.  The compensation amount will be determined by specific factors relating to your case such as how this has affected your quality of life and the seriousness of your injuries.  Consequently, you should consult with a personal injury lawyer in Kingston so they can evaluate your case. That will help you get an idea on the amount of compensation that you are eligible for.