This might seem like a very obvious question with a straightforward answer, but the truth is that there are quite a few different things that have to be taken into serious consideration. If you are the owner of a premise and someone slips and fall on the sidewalk in front of it – who is the one that’s legally liable?
This is something that should be accounted for. As Canada is definitely no stranger to cold winters and severe temperatures, icy walkways are the most common reason for slip and fall injuries. What is more, a lot of people fail to account for the fact that this is one of the most risky and dangerous accidents. It can cause serious physical and psychological issues which is definitely something to consider.
Back to the question – it is absolutely critical that homeowners keep their own sidewalks properly cleared. You need to clear the ice or the snow right in front of your property within the first 12 hours after the ice storm has passed. If this isn’t handled, homeowners are going to be fined with $125. Of course, it is important to understand that the bylaws which are stipulating this are different in the municipalities but it is also considered to be the overall general rule of thumb.
With this in mind, when it comes to an accident on your sidewalk and the potential outcome of the case, it is important to understand that the injured should establish a breech in the reasonable standard of care. For instance, the homeowner is required to clear the sidewalk but the city or the municipality is required to put salt in the walkways in order to prevent quick accumulation. A breach in both could cause serious complications as to establishing the one who has acted negligently and is, therefore, required to recover the damages incurred by the injured. This is something very important.
In any case, it is not impossible for a municipality to be also under the radar when it comes to potential defendants. Even though the procedures are rather different, this is something that you should take into serious consideration as it is definitely going to have an impact on your case. However, you can easily sue the municipality for damages and the chances of you winning the case are pretty much the same, as if you were filing a claim against a regular defendant.
All in all, determining the liability in a case of the kind is something rather challenging and it is going to be based on a range of different things, individualized in every single case – this is something important. That is why it is important that you talk with an injury lawyer in Mississauga and discuss your specific requirement and injuries sustained. They will be able to evaluate your case and give a ballpark amount for compensation.