{"id":9799,"date":"2021-03-01T05:24:00","date_gmt":"2021-03-01T05:24:00","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=9799"},"modified":"2022-01-04T17:01:14","modified_gmt":"2022-01-04T17:01:14","slug":"new-ontario-law-relating-to-slip-and-falls","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/blog\/new-ontario-law-relating-to-slip-and-falls\/","title":{"rendered":"New Ontario Law Relating to Slip and Falls"},"content":{"rendered":"

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Unsafe circumstances or hazards causing a slip and fall accident<\/a> are sometimes the results of property owner negligence. You can be held liable for accidents that happen within your owned or rented property, such as stairs, walkways, and driveways.\u00a0<\/span><\/p>\n

In Ontario, <\/span>slip and fall accidents<\/span><\/a> can happen in any season. In the winter, the most common cause is icy or snowy walkways and sidewalks. In the summer, falls can result from various unsafe conditions, particularly from wet surfaces or spills, debris, and uneven walking surfaces.\u00a0<\/span><\/p>\n

Occupiers’ Liability Amendment Act in Ontario<\/b><\/h2>\n

The Ontario provincial legislature passed the Occupiers’ Liability Amendment Act or Bill 188 on December 3, 2020. It took effect in January 2021 after receiving royal assent from Ontario’s Lieutenant Governor.\u00a0<\/span><\/p>\n

The new law requires slip and fall claimants to provide written notice to a property owner, property manager, snow removal contractor, or tenant within 60 days of the incident. The previous period was two years.\u00a0<\/span><\/p>\n

The written notice must also include the location, date, and time of the incident. For a slip and fall<\/a> on municipal property, you must provide the city with written notice of the fall, the time, the date, and the location within ten days of the incident by service on the City Clerk or by registered mail. Neither timeline applies if the fall results in death.<\/span>\u00a0<\/span><\/p>\n

Occupiers\u2019 Liability Act<\/b><\/h2>\n

Anyone who has control over a property and its use, including owners, tenants, or manager of activities on the property, is considered an ‘occupier’ of the property.\u00a0<\/span><\/p>\n

The owner\/occupier can be found negligent if they are found not taking due care for people’s safety. They can be held responsible if someone is injured as a result of these unsafe conditions.\u00a0<\/span><\/p>\n

If there are temporary unsafe circumstances on a property, such as areas under repair, these must be clearly identified so that visitors are properly warned of the hazard.\u00a0<\/span><\/p>\n

Injuries in a Slip and Fall Accident<\/b><\/h2>\n

When anyone slips on a surface that does not provide enough traction, they typically fall backward. The impact of this type of fall is usually the buttocks, back, and sometimes the head. In contrast, they almost fall forward when one trips and try to break the fall with their hands.\u00a0<\/span><\/p>\n

The following are <\/span>injuries<\/span><\/a> that may result from falling due to slips or falls:<\/span><\/p>\n