The primary change of Bill 118 is for those who suffer a personal injury caused by snow or ice, they have 60 days to notify the occupier(s) of their claim. The change also requires personal service or service by registered mail on the proposed Defendant(s) –an occupier and/or independent contractor employed by the occupier.
This Bill will help ease some of the strain on insurance companies and snow removal companies by ensuring they are made aware of any slip and fall claims caused by snow and ice with enough time to preserve their evidence and records. It creates one additional layer of protection to insurance companies to assist them in denying a claim.
So, what should you do if you suffer a fall? No matter how you feel about your injuries, make sure that you do the following immediately after a fall:
- Take a picture of the location and cause of the fall.
- Ask for help from people who witnessed your fall and get their names and contact information.
- Call your friends/family to pick you up and send you to the nearest hospital or your family doctor or call an ambulance.
- Consult a personal injury lawyer for advice (Keep in mind: a 10-day notice to City and a 60-day notice to private owners if a fall on snow or ice.) Do not wait!
If you fail to give your notice within the notice periods noted above, you may be prevented from bringing a lawsuit unless in the case of death from the injuries or you can prove to the Judge at trial that you have a good reason for the delay.
The team at JEWELL RADIMISIS JORGE LL.P. strongly encourages all Ontarians to engage in safe practices this winter season.
If you or a loved one have been injured in a slip and fall, you may be entitled to receive the help you deserve. Contact us at JEWELL RADIMISIS JORGE LLPand a member of our team will be happy to assist you.