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Limited time to report slip-and-fall injuries to owner

On Behalf of | Jul 29, 2021 | Slip & Fall Accidents |

When someone in Ontario suffers serious injuries in a car accident caused by another party’s negligence, the victim will be entitled to file a personal injury civil lawsuit to pursue recovery of monetary damages. The same applies when a property owner’s negligence is responsible for a slip-and-fall incident that results in serious injuries.

What damages are recoverable?

Depending on the circumstances, a successfully presented lawsuit could lead to a monetary judgment to cover the following:

  • Past and future loss of income
  • Home maintenance and housekeeping expenses as a result of the injured victim’s injuries
  • Medical bills and rehabilitation expenses, including accident-related future costs
  • Noneconomic damages like pain and suffering

Each slip-and-fall accident is unique and judged on its merits, such as injury severity and the circumstances that caused it.

Who could be held accountable for damages?

The party responsible for the circumstance that led to the injuries could be a homeowner, business owner, landlord or the provincial government if the incident occurred on government property. Victims who consider pursuing financial relief through legal action would be advised to learn about the deadlines for filing a lawsuit and informing the accused property owner of such intentions.

Amendment of slip-and-fall related law

Before recent changes to the Occupiers’ Liability Act, injured parties had two years to file a premises liability lawsuit. There were no timelines for reporting the slip-and-fall accident to the property owner. However, at the beginning of 2021, amendments to this law were published. Ontario’s Bill 118 mandates that the injured person inform the property owner in writing about the incident no later than 60 days after the injury-causing slip-and-fall. The notice must be delivered by registered mail or personal delivery.