Navigating the icy sidewalks during the cold season comes with a certain level of risk. This is because a big portion of homeowners will not do their part by shoveling the sidewalks outside their homes, which will leave pedestrians at risk of a slip and fall. Legally speaking, all homeowners are obligated to clear the sidewalk in front of their sidewalk within 1 or 2 days of snowfalls. The specifics depend on the city and are usually put in place through local bylaw.
The question you may now be asking yourself is: “Does that mean that homeowners are also legally liable for compensating slip and fall victims for their injuries?” Not really, no. Even if the injury was sustained on the sidewalk running right outside their home, they still cannot be held legally responsible through the municipal bylaw alone.
Under which circumstances are property owners legally liable?
The only circumstances under which a homeowner can be held legally liable is if the case is surrounded by a special situation. Such as, if the homeowner was in control of the property, exercised possession over it, or other unique circumstances that would need to be assessed on a case by case basis.Letting water gather on the sidewalk, for example, would be a special circumstance since that would lead to a frozen puddle that would present an additional hazard to pedestrians.
How can I win a slip and fall case?
Personal Injury Lawyer in Kingston know that there are a lot of factors that go into building a successful claim. The two main components are built on proof, though – proof that an accident led directly to your injury, and proof that the accident was the result of somebody else’s negligent behavior or action (i.e. letting water pool on the sidewalk). In most cases, negligence takes on the form of either creating a hazardous condition, or failing to remove a hazard in a reasonable time span. The common sources for slip and fall claims are:
• dangerous stairwells
• wet flooring
• left behind hazardous conditions on public sidewalks and paths
• uneven floors
• drop offs
• lacking safety measures, such as fences or warning signs
There is one more big element that goes into winning a slip and fall case and that has to do with causation. If you want to get your compensation, you will need to be able to prove that your injury was caused by the accident. This means gathering medical records, prove of income loss, medical bills, rehabilitation expenses, and proof for your general pain and suffering. Your lawyer will be able; to help prove all of this with the help of documents and other evidences.