Friday, June 24, 2011

What to do if you have a slip and fall on city property - 24 June 2011

What to do if you have a slip and fall on city property

Something interesting but not amusing happened to me on June the 18th 2011.  I fell into a drain that belongs to a city in the Niagara Region. This type of accident is generally called a "slip and fall".
I am writing this to help the ordinary citizen in Ontario protect their rights when they have had an accident on City property in Ontario.
 I suffered a few breaks etc. and here I am with at least a plate, 2 screws and 2 pins writing this. I may have more but I haven't had a chance to speak with my surgeon yet to find out the magnitude of the injury.
 But here is what I have learned about the process to protect my rights since that date.

You MUST have delivered a Notice (letter), keep the PROOF OF DELIVERY, WITHIN 7 DAYS of the accident to the relevant City stating the following:
  • That you had an accident on their property
  • your name
  • your address
  • your date of birth
  • where and when the accident took place
  • You must sign the Notice
I am not a lawyer so take the above comments with a grain of salt but I do know that the injured must give notice to the City within 7 days. If you have been injured, I strongly recommend contacting a personal injury lawyer or having someone contact one or more on your behalf as soon as possible.
Please note that it is apparently important to not wear your footwear again after the accident but to immediately have them placed into a clean bag for evidence if required.
I know that there is a free form that can be used as a template to notify a city in Ontario. It is on and can be found here.
 Know your rights and protect them. If you have had a similar experience, in the region, I would appreciate hearing about it.