According to the Ontario Occupiers Liability Act, anyone in possession of a premise is liable for ensuring the safety of those present, at that same location. Still, some occupiers try to blame the victim of a slip and fall incident.

A key element of the Occupiers’ Liability Act

A hazardous condition must be present, and must endanger the safety of those that enter the occupier’s premise. Examples of a hazardous condition:

• Uneven steps
• Loose handrails
• Uneven sidewalk
• Poor lighting
• Broken sidewalk
• Slippery walking surface

If the occupier cannot remove the hazard, then the hazard’s presence should be highlighted by placement of a warning signal, as per Personal Injury Lawyer in Fort Erie.

Responsibilities placed on the victim

The victim is expected to behave in a reasonable manner. The law does not spell out the actions that would be viewed as reasonable. Someone that has fallen because he or she was a bit clumsy might care to consult a personal injury lawyer. Any residents of Ontario that happen to fall on city property need to report that accident to the city within one week. The city refuses to accept any claims that a resident might try to file after that deadline.

The report to the city should not be confused with the act of fling a formal claim. Victims of a slip and fall incident have 2 years in which to file a formal claim. Fall victims need to collect and save any evidence that can help them to fight a charge of blame, from the occupier. For example, the occupier’s lawyer is almost sure to ask what type of shoe the victim/plaintiff was wearing on the day of the fall.

Smart victims save the pair of shoes that they had put on their feet, prior to slipping and falling on the occupier’s premises. In that way, those same fall victims can produce the footwear that they had on, when crossing paths with the reported hazard. Smart victims also hire a lawyer. Lawyers can do a better job of keeping track of the days on the calendar. In that way, the hiring of an attorney makes it less likely that the deadline for filing a formal claim might pass, unnoticed. If that were to happen, then the victim’s chances for suing the occupier would disappear.

Ontario has established the filing regulations for a reason. The City does not want the residents to be filing frivolous lawsuits. Moreover, the City must take into consideration the nature of Ontario’s weather. The City must be vigilant about clearing ice from sidewalks. By the same token, the City’s residents must maintain vigilance, after first reporting a given accident. That vigilance entails watching the calendar, so as not to miss the deadline for filing a personal injury claim.