During the winter months, along with ice and snow comes an increased risk for slips and falls. Girones Bourdon Kelly Lawyers (GBK Lawyers) is a personal injury law firm, with offices in Timmins, Sudbury, and Toronto. They want to make people aware of the potential pitfalls around the rules for slip and fall accident lawsuits.
Most people probably aren’t aware that if you slip and fall on municipal property you only have ten days to put the city on notice.
GBK Lawyers says, “Ten days is not a lot of time. After you get medical attention, your next step should be contacting a lawyer in order to preserve your right to sue.” You have 10 days to serve your written notice of the claim and of the injury, including the date, time and location of the occurrence and two years to file a lawsuit.
GBK Lawyers has encountered many cases where people have contacted the firm only after their injury has become more serious and after the 10-day notice deadline. They’re disappointed to learn that if they want to file a lawsuit and receive compensation they’re out of luck. If you do not serve notice on the municipality within this timeline, you are barred from bringing a claim for civil compensation.
There are exceptions to the 10-day notice requirement. If you can demonstrate two things; a reasonable excuse for not providing notice and that the municipality will not be prejudiced by the late notice. Not being aware of the rules would not be a reasonable excuse.
Slips and falls on private property
If you were injured on private property, you have 60 days to provide written notice of the intention to commence a claim to the property owner and snow removal contractor. A lawyer could help you identify the owner and maintenance contractor. GBK Lawyers say, “If you do not put the property owner or maintenance contractor on notice, you are risking the right to be able to sue at all.”
Not contacting a lawyer can put an injured person in further peril. In many cases, what are assumed to be bumps and bruises could develop into something much more serious and impair their ability to work.
GBK Lawyers stresses, “Do not wait. We are happy to take your call and give you the information you need. We will assist you in putting the municipality, property owner and maintenance contractor on notice.”
A lawyer can run property and corporate searches and prepare written notice and access a process server quickly.
Don’t worry about fees
GBK personal injury lawyers work on a contingency basis.
They say, “There is no harm in contacting us for a free consultation. We can put the municipality, property owner or maintenance contractor on notice on your behalf at no cost to you. It doesn’t necessarily mean that you will pursue this matter, it simply protects your right to sue. Once we are contacted, we assess the situation and circumstances, but it’s important to get the information as soon as possible.”
Steps to take after seeking medical attention
- Take photographs of the area as soon as possible
- Get contact information from witnesses
- Record the time and date of the accident
- Contact a personal injury lawyer
Photographs and witness statements will be important evidence in a lawsuit. For example, a municipality might produce a report that says the area was treated for ice, but photos show the surface was slippery, and without sand or salt.
GBK Lawyers points out, “At least you have photos and possibly witness statements to counter the municipality’s evidence. The municipality does have a duty to maintain their own spaces in a safe, but not perfect condition. When you do pursue a municipality, you must prove gross negligence which is different from basic negligence.”
In the event that you are injured, you do want to take the necessary steps to protect your rights. If you don’t put the municipality, property owner or maintenance contractor on notice, you are risking the right to be able to sue at all.
For more information contact GBK Lawyers at 1-800-269-1673 or Email: [email protected]