Occupiers’ Liability Act
Recent changes to the Occupiers’ Liability Act have made it harder for injury victims to make a compensation claim when injured in a slip and fall accident due to poor winter maintenance. The law’s changes received royal assent on December 8, 2020, and will immediately go into effect.
How Do The Changes to the Occupiers’ Liability Act Affect Me?
The Occupiers’ Liability Act changes have significantly reduced the amount of time an injury victim has to file a claim against the liable party. Under Section 6(1), the injured party must notify the potentially liable party within 60 days of the accident that they seek compensation or lose the right to seek damages.
The new wording of the law only requires that one party of the potential defendants be notified at this time. Once notification has been given to that party within the time limits, the other parties can be notified.
So, if you have been injured in a slip and fall accident in the ice or snow due to the negligent actions of the property owner or their hired contractor, you must:
Seek immediate medical attention for your injuries
Contact a lawyer as soon as you have stabilized your injury
Notify the responsible party within 60 days of the accident occurring that you intend to seek damages for your injuries and losses
Slip and Fall – Protect Your Rights
The Occupiers’ Liability Act changes are designed to protect the property owner and any contractor they have hired to perform snow and ice removal services. What is even more apparent is that this law protects the insurance companies from having to pay claims for injuries that occur on their client’s properties.
It is important as an injury victim that you protect your rights when you have been injured in a slip and fall accident. If you have fallen and been injured, you are encouraged to do the following:
1. File An Official Report
You will want to make sure that there is documentation that the accident occurred and that you have been injured. Try to include as many details as possible about the area where you have fallen, the weather conditions at the time of the accident, and any potential witness information.
2. If Possible, Take Pictures
Sometimes your injury may prevent you from taking a picture of the area where you fell and the immediate surrounding area. If you are with someone, ask them to take pictures, including one of you on the ground. If you cannot get pictures, don’t worry, your lawyer can still build a solid case based on the medical and accident reports.
3. Seek Medical Attention
Even if you believe that your injuries may be minor, have yourself evaluated by a medical professional. This is especially important if you have hit your head or landed on your back. Many head, neck, and spine injuries are not immediately apparent, and injuries like a concussion need to be evaluated by a physician.
4. Avoid Social Media Posts
Avoid putting any details on social media about the accident, where it happened, the severity of your injuries, or any other personal information about the event. The insurance company covering the accident will begin to monitor your social media posts as soon as they are notified of a claim so that they can try to find evidence that your injuries are not serious.
5. Contact A Slip and Fall Lawyer
Because of changes to the law, you must contact a lawyer as soon as possible after your slip and fall accident to ensure that your rights are protected. Working with a lawyer will help you meet the required deadlines for filing a claim and help you secure a fair and full compensation package for your losses.
