Notice Periods And The Challenges For Someone Making A Slip And Fall Claim.

One of the challenges of a slip and fall claim is determining which company owns or occupies a particular property.

When we become involved, we can do sub-searches of the property through the registry office and see who legally owns title to the property.In terms of a sidewalk or municipally owned parking lot, there’s a complicating factor. You not only have to determine who owns it, but there is a notice provision under the Municipal Act that is very short. You might have to provide written notice to the appropriate municipality of your potential claim against them as the result of a slip and fall that occurred on their sidewalks within 7 or 10 days. That time period is not necessarily exclusive to municipalities but it is the most common notice period for occupier’s liability matters. Seven or 10 days is not a very long time, but unfortunately, it’s the law under the Municipal Act. So, if you suffer a slip and fall on a sidewalk or if you think it’s on municipally owned property, you should be putting that municipality on notice as soon as possible and certainly seeing a lawyer within that time period. The purpose of the notice is to allow the municipality sufficient description so they can go out and investigate the matter and possibly rectify the matter as soon as possible. Typically, service of the notice of your intent to claim on the clerk of the municipality is sufficient. The notice itself also has to contain some very specific items that an experienced personal injury lawyer knows to include to ensure your claim is acceptable.
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If you, or someone you care about, is dealing with Personal injury law issues in the London, Ontario Region, contact Lomax Law Firm.

This article is taken from a April 24, 2009 interview with  Rein Lomax, LL.B., Personal Injury Lawyer with Lomax Law Firm Professional Corporation in London, a Personal Injury Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.