Icy Conditions: What You Need To Know If You Slip And Fall

Law Blog

When the weather in Ontario turns cold, icy conditions are bound to be found in parking lots and on sidewalks for many of the establishments you frequent. If you slip and fall on the ice, you may have legal recourse to sue. Here are a few things you should know about slip and fall injuries in Ontario.

Evidence May Be The Key To Winning A Case

To mount a successful lawsuit after an injury, you'll need to provide evidence of the conditions and what occurred. Eyewitness testimony and photographs of the area where the accident happened can be incredibly useful in your case. Be sure to take pictures of the area with your smartphone, if possible, and get the names and contact information of anyone who was nearby. Tracking down this information at a later date may prove to be very difficult. 

Contributory Negligence Can Impact Your Case

If the plaintiff can prove that you contributed to your injury in some way, the amount you can sue for may be reduced. In the case of a slip and fall on ice, wearing improper footwear or not proceeding with caution as you walk on visibly icy surfaces could be taken into consideration. Your personal injury attorney can help you determine if there was contributory negligence on your part and what role, if any, it will play in the outcome of your case.

Timing Is Critical

In Ontario, you have 2 years to file your lawsuit. You should file as soon as possible, but if you find that your injuries continue to get worse over time, be sure to contact a personal injury attorney to file paperwork before the statute of limitations is up. This will ensure that you can fight for compensatory damages for your injury.

There Are Several Types of Damages You Can File For

Tort reform has not widely affected the realm of slip and fall cases, so the restrictions on the amounts and types of damages you can file for are not as strict as they might be with other lawsuits. Talk to your personal injury lawyer about the different types of damages that might be appropriate in your case. Depending on your circumstances, you may be able to ask the court for the cost of medical expenses and rehab, time missed from work, pain and suffering and the loss of enjoyment of life. Not all damages will be appropriate in every slip and fall case.

Ice abounds throughout Ontario in the cold winter months. If you become injured by slipping and falling on ice while attempting to enter a place of business, you may have grounds to file a suit. Hire a personal injury attorney (like those at FrascaKim Lawyers) who can help you with your case.


14 October 2015