Trip Slip Ice Snow Falls Ottawa Injury Lawyer Explains Your Rights

Snow and Ice Cases in Ottawa, Ontario - Ottawa Injury Lawyers

As one can imagine, in winter, there is an extremely high incidence of personal injuries resulting from falls on ice and/or snow. Personal injury claims in Ottawa, Ontario against owners and occupiers during the winter most often arise from ice and snow incidents. The usual allegations are improper (or no) maintenance of property, causing snow and/or ice to accumulate, causing a danger which causes someone to slip and fall, injuring themselves in the process.

In Ontario, there are limits imposed when advancing claims for injuries resulting from falls on snow and/or ice. Unless an injured person advances a claim in court (commences a court action), within the limitation period prescribed, the claim will be lost forever. Many claims are virtually eliminated based on missed limitation periods.

Other limits on claims include the location of the fall. For instance, claims where someone fell on municipal sidewalks in winter is harder to win than claims where someone fell on private property. The difference is proving simple negligence versus gross negligence in some cases.

Falling as a result of slipping on the usual and natural accumulation of snow and ice does not, in and of itself, attract liability. In order to succeed, an injured person must prove negligence. That something done was done negligently (diversion of snow or water causing ice to form) or that something was not done, an omission, which omission was negligent (not applying salt and/or sand). An injured person must show that the accumulation of snow or ice was unusual and that it would have been reasonable for the land owner or occupier to take some sort of action to deal with the accumulation of ice and/or snow in order for the case to be successful.

Each case is determined on its own facts. The judge made law (called cases or case law) provide some guidance. There are some common conditions that create an accumulation of ice and/or ice that will attract liability. For instance, snow or ice formed by acts of a person (snow plows, shovelling snow, diversion of water causing ice to form etc...) and the omission to remove ice and snow which has accumulated and is known to cause danger of a fall.

If you sustained personal injuries as a result of a fall on snow or ice or ice and snow, our Ottawa personal injury lawyers are trained to handle these cases. Call us for a free consultation. We charge nothing unless we win for you. Most cases are settled without ever going to Court. Call Marc Quinn, Ottawa Accident Lawyer - 613-563-1131 ext. 223.