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SLIP AND FALLS
City of Toronto Slip and Fall Accident: Who Is Liable?
April 16, 2019
In the city of Toronto slip and fall accidents happen. Icy sidewalk areas a fact of life in Toronto; consequently, tens of thousands of people slip and fall on city sidewalk every day. The Canadian Institute for Health Information (CIHI) reports that more than 653,808 people report to emergency departments and 152,504 are hospitalized every year for unintentional falls.
If you slip and fall on a patch of icy pavement you can seriously injure your hip, head, back, or other parts of your body. Serious injuries cause more than 15,000 deaths annually in Canada and over 60,000 people are left with permanent physical or mental disabilities.
Slip and Fall Settlements in Ontario
We are often asked, can you sue if you fall on a sidewalk? According to the Municipal Act, when you slip and fall on city sidewalk in Canada, you can claim compensation from the at-fault party for:
Medical treatment
Pain and suffering up to $340,000
Loss of earning capacity
Compensation for your family for “loss of guidance, care and companionship.”
Ontario Occupiers’ Liability Act
The Ontario Occupiers’ Liability Act states there is a duty of care on property owners to take reasonable measures to ensure the safety of their property. This includes an obligation on their part if they are the business owner to maintain the sidewalks in front and around their business.
This includes, but is not limited to retail stores, shopping malls, schools, office buildings, and hospitals.
Claiming for Compensation
To successfully sue for damages, you need first of all to file your claim within two years of the date you were injured. You also need to prove the following four components of negligence:
The property owner has a duty of care to keep you safe.
The defendant violated their duty of care.
The violation was a direct cause of your injuries.
Your injuries caused you significant damages.
If you happened to slip and fall happened on a sidewalk maintained by the city and due to ice and snow conditions, you must report it in writing under the Municipal Act within 10 days of the accident. Not reporting your slip and fall in writing could cause you to lose the right to sue for damages.