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Slip and Fall at a Public Pool: Who is Liable for My Injuries?

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Slip and Fall at a Public Pool: Who is Liable for My Injuries?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
public pool liability

If you slip and fall at a public pool, on a neighbor’s property, at a school or in a retail establishment, from whom can you recover injury compensation? Additionally, what are the common time limits, under Canada’s “Occupier’s Liability Act” for incidents like these? Generally speaking, whenever people slip and fall on public property, they can sue the owner of the property in order to get compensation for any injuries sustained.

It’s important to learn the basics about the law, about compensation and about any time limits that might pertain to your particular case.

The Most Common Form of Serious Injury

Slip and fall injuries are the primary source of serious injuries in Canada. In fact, about 60,000 people suffer each year as a result of slip and fall accidents. That’s the main reason there are so many lawsuits related to this kind of accident.

But what are the specific laws that apply, how can a victim get compensation and what are the limitation periods?

The Key Question

Before proceeding with a case, you need to determine whether you or someone else was the at-fault party for the accident. If you caused yourself to become injured, there’s no reason to pursue a legal remedy. But if you believe that someone else’s carelessness or negligence was the main cause of your injury, then you might have a case to file a lawsuit.

When looking at the idea of negligence, it helpful to consider some of the most common conditions that lead to slip and fall accidents, including:

  • Handrails that are broken or missing
  • Stairs that are rickety or otherwise unsafe
  • The presence of water, ice or snow
  • Obstacles to passage, like debris, tools or discarded appliances
  • Surfaces that are dangerously uneven
  • Walkways and other surfaces that contain holes, gaps and cracks
  • Lighting that is poor

Liability Laws if You Slip and Fall at a Public Pool or Other Public Location

Getting Compensation

If you slip and fall on public property, at a swimming pool for example, you need to understand the law regarding compensation.

The main areas that a court will award damages for include medical expenses, loss of income, pain and suffering. You can also be compensated for what it costs you to travel to and from a doctor’s office or hospital for treatment of the injury.

How much you are awarded depends on two important factors: how the injury has impacted your daily life and how serious the injury is. It is the job of the court to also consider factors like the following:

  • Whether you might have had some responsibility for the accident
  • Whether you already had injuries that were worsened by the one you are suing for
  • Your age

The bottom line is that every case is unique, so there can be no one-size-fits-all settlement amount for slip and fall cases. In public pool liability cases, for example, injuries can range from very minor to quite serious. The seriousness of the injury and the cost to treat it are two essential points in every accident lawsuit.

Lawsuit Limitation Periods

Ontario’s slip and fall statutes typically require plaintiffs to initiate a suit within two years after the accident occurs. This time limitation would pertain to slip and fall situations at a retail store or non-municipally owned property.

However, if you slip and fall at a public pool or other area owned by a municipality, there is a 10-day time limit to notify the municipality after an accident takes place. The controlling point is whether the property is owned by a municipal entity. If it is, then you must adhere to the 10-day “notice to sue” rule and begin the lawsuit within two years of the accident.

If you miss a notification deadline or a filing deadline, it’s quite possible the court will rule your suit invalid and refuse to proceed.

What Should You Do?

It’s always wise to contact a lawyer who specializes in accident cases and has experience with various types of injury claims, like public pool liability and others. A lawyer can help you decide how strong of a case you have; can help you gather evidence of the injury and can otherwise assist you in bringing a successful lawsuit and getting compensation.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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