Sep 20, 2023 in News Legal News

Legal News: Slip and Fall Lawyers Give 5 Essentials You Need to Know About Slip and Fall Injuries in Winter

Your Guide to Winter Accidents (from Slip and Fall Lawyers)

As the winter season approaches, the number of slip and fall accidents is going to surge. In fact, a full 18% of slip and fall injuries occur due to ice or snow on the ground. Slipping on ice and snow is so common, in fact, that it accounts for over 9,000 injuries to Canadians every year. As slip and fall lawyers, we know full well that these injuries can be severe and debilitating.

This article will tell you what you should do after a fall, and bring you up-to-date on some of the changes to slip and fall laws in Ontario. 

A Quick Recap of Ontario’s Occupiers’ Liability Laws

Before we dive in, here’s a quick recap of slip and fall liability. Ontario’s Occupiers’ Liability Laws say that the occupier of the property is responsible for ensuring that it’s safe for people to walk on. 

That means snow should be cleared, salt laid down to clear ice and basically the property kept free of obstacles. The occupier must make reasonable efforts to do so, and take steps to mitigate the risk of slip and falls. 

For instance, if your property receives a municipal order to clear ice, you better do it fast. If yours is a commercial property, you need to ensure that a snow clearing contractor gets the job done within a few hours of snowfall. 

5 Things Slip and Fall Lawyers Want You to Know About Winter Accidents

Your safety and the success of your slip and fall claim depends a lot on what you do in the aftermath of the accident. 

See a Medical Professional Immediately

The first thing you should do after a fall – no matter how seemingly minor – is see a doctor.

Injuries such as hairline fractures and torn ligaments, particularly, may seem minor but they can have a significant impact on your ability to work and socialize. Symptoms of certain injuries, like head injuries, may also not be immediately apparent; more than 1 in 10 falls causes head injuries.

“You can have long-standing effects from head injuries and people can be off work for one to two years,” says Geoff Fernie, a senior researcher at Toronto Rehabilitation Institute.

You May Have Just 10 Days to Get in Touch With a Slip and Fall Lawyer

Slip and fall accidents on municipal land have to be reported to the authorities within 10 days. Past that your slip and fall lawyer will have to show reasonable cause for the delay. It’s not an insurmountable hurdle, but courts aren’t always on the side of plaintiffs, as was the case in Fernando vs. Niagara Falls (City).

Recently, Ontario passed an amendment that dramatically reduces the amount of time available to pursue falls on private property too. Under The Occupiers' Liability Amendment Act, the victim has only 60 days to provide written notice of claim for a personal injury caused due to snow or ice.

Documenting the Scene of Accident Is More Important Than Ever

In any personal injury claim, you have to establish liability; i.e., the occupier failed to take reasonable steps to clear snow and ice, which led to your accident and injury. 

Photographs and video taken immediately after (or before) the accident, eyewitness testimony, and patterns of snow clearing go a long way to proving your case. 

Take for instance a fall in a big box store parking lot. The winter maintenance contractor’s log notes may indicate that the lot was cleared and salted, but they may not have done a good job of it. In that case, your photographs will help refute the defendant’s claim that they had cleared the lot. 

Get Witnesses’ Contact Details (and Tell Your Slip and Fall Lawyers)

Eyewitness testimony goes a long way to corroborating your own statements. It can provide insight into how other people, too, were worried about falling. Witnesses can also speak to the prevailing conditions and the demeanour of the occupier of the property.

Testimony can also help establish patterns, such as irregular snow clearing or the occupier’s disregard for safety.

The Little Things That Make a Big Difference, Say Slip and Fall Lawyers

The defence will try to show contributory negligence, that your actions were wholly or partly to blame for the accident. That’s where the minor details, such as the kind of footwear you were wearing and if you took extra care navigating the slippery ground, can make a big difference.

Speak to Experienced Slip and Fall Lawyers

Occupier liability cases can turn contentious, which is why you want experienced personal injury lawyers in your corner. At Neinstein Personal Injury Lawyers, we’ve helped clients recover more than $100 million in compensation, and receive the care and attention they deserve.

If you or someone you know has been injured due to a snow or ice accident, book a complimentary, no-obligation consultation today to discuss your claim with our slip and fall lawyers.