Did you know that Canadians weren’t able to sue the government until the late 1970s and early 80s? It’s true. Governments were formerly not liable to pay damages, and this included cases for accidents or intentional negligence.
However, when all 10 provinces finally passed the appropriate legislation, both the government and municipalities were now potentially liable in lawsuits involving injured parties on municipal property.
Municipal Liability
Justice Allen Linden defined a government as an entity providing services apart from governing, so it should also be held to standard negligence principles.
This was rectified by the Supreme Court of Canada through policy decisions that highlight the importance of citizens possessing the ability to sue their government while ensuring that the government can still govern without fear.
In municipal liability, the services provided to the public include an expected duty of care on the government’s part. When the reasonable care expected from a provider is not granted, the provider is held liable for the victim’s injuries.
A Wynperle slip-and-fall lawyer can help you make a claim, deal with insurance companies, and consult with medical practitioners. Just because you had a slip-and-fall accident on public property, it doesn’t mean we can’t take any legal action.
When Can You Make a Slip-and-Fall Accident Claim?
Slip-and-fall accident victims in Ontario municipalities must file and submit a personal injury claim to the municipality within 10 days of their accident. Limitation periods, such as this, have few exceptions, however, an individual may be permitted to delay filing a claim in the case of an extended hospital stay, for example.
If you suspect that your municipality is liable for damages, our law firm can determine your chance of winning by analyzing the circumstances. A slip-and-fall accident can happen in a variety of ways and in many types of locations.
After an accident, it’s always best to reach out to a lawyer – even if you’re not sure.
Common Causes of Municipal Slip-and-Fall Accidents
Public areas encounter a lot of wear-and-tear, which means slip-and-falls are liable to occur. Here are some common ones you may have experienced:
- Accidents on walkways and inside municipal venues
- Accidents at recreational facilities
- Car accidents
- Public transit accidents
In DWA LAW’s many years of service, we have seen a wide variety of personal injury claims. We’ve come to see that slip-and-fall accidents are common occurrences in municipal areas, such as:
- Streets
- Parks
- Highways
- Sidewalks
- Government buildings
- Swimming facilities and sports arenas
Slip, trip and fall accidents mostly result from wet or icy surfaces, harsh weather conditions, and defects. From dirty flooring to poor lighting to cracked sidewalks, municipal property must be kept safe and secure since it’s always in use.
When slip-and-fall lawsuits are necessary, DWA LAW steps in to prove your case and gain your rightful compensation.
How Do You Prove Negligence in a Slip-and-Fall?
In the lawyer’s pursuit of proving the cause of a victim’s injury, precise identification is essential in a slip-and-fall accident. Victims often need evidence of their attire to determine whether or not they were wearing appropriate footwear at the time of the injury. Timely photographs of the area where the injury occured are also extremely beneficial.
However, it can be difficult when you are not in any condition to photograph the area. Regardless, your lawyer will try to obtain evidence, including:
- Witness statements
- Construction defects
- Inspection reports
- Medical records
- Statements from medical practitioners
- Photographs
- Video footage
When making personal injury claims, always speak to a lawyer to give yourself the best chance of winning your case. They’ll do the legwork so you don’t have to, and unlike you, they’ll know where to look!
Get a Personal Injury Lawyer to Assess Your Case
If you have suffered from a slip-and-fall accident on municipal property, seek the legal advice of one of our lawyers right away. We will investigate your case and seek compensation for your current and potential injuries, lost income, pain and suffering, as well as medical expenses.
Since January 29th of this year, the Occupier’s Liability Act was amended by Bill 118, reducing the amount of time an injured person has to file a slip-and-fall claim when their accident involved snow and ice and occured on private property. Sometimes, a claim can be filed outside of the specified limitation periods. We also handle workplace slip-and-fall cases.
Contact our personal injury law firm to have your case assessed by an expert at your free consultation!
