(Photo credit: mimica/RGBstock.com)
With Toronto’s fluctuating winter weather conditions, residents need to be careful when they walk outdoors. With warmer conditions quickly followed by a blast of cold weather has left icy patches on sidewalks and playgrounds, which is then covered by snow before it can be cleared. This has caused an increase number of slip and fall injuries ranging from broken bones to head injuries in the past few weeks, Toronto EMS told 680 News.
Unfortunately, it seems like the icy patches on playgrounds aren’t likely to go away anytime soon since it takes about four to six days of sunny weather above six degrees Celsius, says a meteorologist with CityNews.
Meanwhile, it’s important that homeowners keep their sidewalks cleared. It’s expected that ice or snow in front of their property is cleared within 12 hours of an ice storm, according to Toronto’s city bylaws. If this isn’t done, homeowners could be fined $125. Bylaw officers will come around the next day to check that it’s done and if snow is still left on sidewalks then the city will clear the sidewalks with their staff and equipment and charge the homeowner on their property taxes. Bylaws vary based on the municipalities, but there’s also the possibility that homeowners may be sued if someone slips on their property. Businesses, property owners or cities can also be named in slip and fall claims.
One key factor in slip and fall cases is whether the defendant provided a reasonable standard of care to reduce a passerbys’ likelihood of slipping and falling, such as whether they left snow covering a patch of ice or whether they put salt on their driveways. But the liability of the case and how much the claimant is awarded varies based on aspects such as the condition of the storm and how long the area remained uncleared. If you are sued, this could have an effect on your homeowners’ insurance rates.
If you decide to sue the city, in Ontario you have 10 days to notify them, but if you’re suing a homeowner or a business you can file a claim up to two years after the alleged incident occurred, according to the Globe and Mail.
In the case Bongiardina vs. (the City of) Vaughan, a lower court judge and the Court of Appeal ruled that the homeowners, who were added to a lawsuit filed against by Vaughan, were not civilly responsible for an injury that a neighbour endured from a slipping and falling on the ice and snow on the sidewalk in front of their home, according to a column in the Toronto Star. The ruling demonstrated that by law, the municipality is responsible for the snow and ice with the exception that homeowners must make sure that nothing is flowing off their property which could hurt someone.
While during the winter, most slip and fall cases deal with snow or ice, but defendants can also file claims for slippery floors in restaurants or kitchens, loose carpet, uneven stairs or other situations.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for over 40 years, and we know how to help you get compensation after a slip and fall accident. Call us at 416-920-4242 to set up a free consultation.
Greg Neinstein
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