Slip and Fall Accident Time Limit.
The Ontario government has recently passed Bill 118, also known as the Occupier’s Liability Amendment Act. The new bill changes the slip and fall time limit for people injured on ice and snow to make a claim to recover damages after a slip and fall injury caused by snow or ice against an occupier or an independent contractor employed by the contractor to remove snow or ice.
This means that if you have been injured in a slip and fall accident on snow and ice. You now have only 60 days to file a claim. Before the passing of Bill 118, it had been two years.
Some exceptions to the rules.
In some cases, an injured party will be able to start a claim against an occupier and/or independent contractor who was not provided with a notice within 60 days. A claim can still be filed if proper notice was provided to at least one of the occupiers or any independent contractors within that period, either the occupier or an independent contractor employed by the occupier to remove the snow and ice. The notice must include the date of the incident as well as the time and location.
Once an occupier gets the notice, they must personally serve or deliver a copy of the notice by registered mail to any other occupiers of the premises and/or any independent contractors employed to remove snow/ice from the premises. If an independent contractor receives the notice, they must do the same.
The new notice requirement gives all parties a better chance to investigate the incident, interview witnesses, and gather evidence.
Slip and fall injuries happen all the time, and they can happen, so it is important to be careful about where you walk at all times. There are certain times where you are more likely to slip and fall especially during the colder months of the year. Make sure you have footwear and clothing. Any shoes with a good grip will help you to avoid black ice and other slippery situations. Reflective clothing will help to make sure that drivers will give you enough room when passing on slippery and ice-covered roads.
