If you incurred injuries from a slip and fall accident, you may want to pursue legal action. Though, you may have to go about these legal proceedings differently if you sustained your injuries on city-owned premises. Continue reading to learn how long you have to file a premises liability claim and how an experienced Toronto slip and fall lawyer at Merricks Law Group can help you keep track of this timeline.
What is the deadline for a premises liability claim in Ontario?
There is a set deadline when it comes to premises liability claims in Ontario. Otherwise known as the statute of limitations, this deadline is generally two years. Meaning, you will have two years from the date your slip and fall accident occurred to bring forward your claim.
Though this may seem like an ample amount of time, it is better to work on your claim sooner rather than later. This is because, with time, you may not be able to recount the events of your accident as clearly. What’s more, you may lose pivotal pieces of information over the years.
Ultimately, if you are delayed in bringing your claim forward by even just one day over two years, you may be permanently barred from suing. This means being permanently barred from receiving a monetary award and from gaining justice over the negligent party.
How long do I have to file a Notice of Claim in Ontario?
If your slip and fall accident occurred on property owned by the government or a municipality, then you will have to take an extra step in your premises liability claim. That is, you will have to file a Notice of Claim. This essentially informs the government or municipality that you intend to pursue legal action against them. Examples of when this is necessary are as follows:
- You slip and fall on a government or municipality-owned sidewalk.
- You slip and fall on a government or municipality-owned roadway.
- You slip and fall on a government or municipality-owned park.
- You slip and fall on a government or municipality-owned building.
- You slip and fall on a government or municipality-owned mass transportation.
- You slip and fall on a government or municipality-owned medical care facility.
Of note, the deadline for filing a Notice of Claim is 10 dates from the date your slip and fall accident occurred. This deadline does not replace the deadline for filing your premises liability claim. But similarly, you will be permanently barred from suing if you let these 10 days pass you by.
All in all, you should not have to go through this legal process alone. Instead, you should acquire the support of a skilled Ontario personal injury lawyer. We look forward to helping you.