In slip and fall cases in Ontario, victims must be mindful of the statute of limitations, which sets a deadline for filing a lawsuit against the at-fault party. The statute of limitations establishes the time frame within which legal action must be initiated, beyond which the victim may lose their right to seek compensation for their injuries and losses.
In Ontario, the statute of limitations for slip and fall cases is generally two years from the date of the accident. This means that victims have two years to file a lawsuit against the property owner or occupier responsible for the hazardous condition that caused the slip and fall accident.
However, if the incident occurred on property owned by a municipality, there is a 10 day requirement to provide written notice.
Furthermore, if the incident occurred as a result of lack of winter maintenance, there is a 60 day requirement to provide written notice, which applies to injuries on private properties.
It’s important for victims to be aware of the statute of limitations and take prompt action if they intend to pursue compensation for their injuries. Failing to file a lawsuit within the prescribed time frame can result in the case being dismissed by the court, effectively barring the victim from seeking compensation through legal means.
However, there are certain exceptions to the two-year limitation period in slip and fall cases. For example, if the victim is a minor or incapacitated at the time of the accident, the limitation period may be extended until they reach the age of majority or regain capacity.
Additionally, the discovery rule may apply in cases where the victim was not immediately aware of their injuries or the connection to the slip and fall accident. In such cases, the limitation period may begin from the date the victim discovered or ought to have discovered the injury and its relationship to the accident.
Overall, understanding the statute of limitations is crucial for victims of slip and fall accidents in Ontario to protect their rights and pursue compensation for their injuries and losses. By consulting with a personal injury lawyer and taking prompt legal action, victims can ensure that their claims are filed within the applicable time frame and preserve their right to seek justice.
