Can A Tenant Sue For a Slip and Fall On Ice Where Lease Indicates That Tenant is Responsible for Maintenance? Ontario Injury Lawyer Discusses Your Rights
If you were injured due to a slip and fall on ice on residential property where you are a tenant, you may be able to sue your landlord if they failed to maintain the area. Some residential leases include language that indicates that the tenant is responsible for ice and snow. Even in these situations, you may be able to claim for your injuries if the property owner did not maintain the premises.
The Ontario Court of Appeal decision in Montgomery v. Van, 2009 ONCA 808 (“Montgomery”) involved the situation, and the Court determined that landlords remain responsible to fulfill their statutory duty to ensure the prescribed maintenance standards are met. In that case, the tenant commenced an action against the landlord for damages after slipping and falling on the premises. The landlord contended that the lease agreement provides that the “Tenants are responsible for keeping their walkway and stairway clean (including snow removal).” As such, the landlord asserted that the tenant’s injuries were due to her own negligence in that “she failed to keep her walkway in a state of good repair, including free from snow and ice”.
In paragraph 13 of the decision, Juriansz J.A. stated that “in order to be effective, a clause that provides that a tenant will provide snow removal services must constitute a contractual obligation severable from the tenancy agreement.” Juriansz J.A. indicated that, in Montgomery, the provision is inextricable from the tenancy agreement for the following reasons:
1. No consideration for snow removal task was indicated in the lease agreement;
2. The tenant lives in one of several basement apartments of a multi-unit residential complex;
3. The provision vaguely places the task of snow removal on the tenants jointly;
4. The lease agreement does not set out specifically what part of the complex’s common walkways this tenant agrees to keep clean and does not stipulate on what schedule she would perform the joint obligation; and
5. The provision fails to define this individual tenant’s task clearly enough to create an enforceable contractual obligation.
Accordingly, the Court of Appeal concluded that landlords have a responsibility to fulfill their statutory duty to ensure the prescribed maintenance standards are met.
Based on this Court of Appeal decision, you may still be able to claim for your injuries if you are a tenant and the landlord was negligent in treating snow or ice on the premises. These claims are usually covered by the homeowner's insurance policy.
If you have been injured in a slip and fall accident due to snow or ice accumulation on property in Ontario, call us for a Free Consultation to learn about your rights. We offer prospective clients a Free, no obligation, consultation. Contact us day or night toll free at 1-866-234-609 or complete our online contact form to get started now. We serve clients throughout Ontario.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".
Slip and fall injuries are common in Ontario, especially when we enter autumn and winter when frost or ice patches may become prevalent. Slip and fall accident often occur on property that is owned or occupied by someone else. Serious injuries can result from a slip and fall accident, including broken ankles, hip injuries, and other orthopedic injuries. Sometimes, serious head injuries can also occur as a result of a slip and fall accident. In rare instances, a slip and fall accident can even result in death, usually as a result of head trauma.
If you or a loved one has suffered an injury as a result of a slip and fall accident, you may be entitled to make a claim. Most of the time, insurance is in place to protect the property owners, managers, contractors, and occupiers in the event that someone is injured on their premises. Ontario slip and fall accidents are the most common premises liability claims. Laws dictate that property owners must provide safe, secure and properly maintained premises. Businesses and homeowners in Ontario may be held liable regardless of why a person enters their property.
Here are some common causes of slip and fall injuries:
Slip and Fall accidents may occur just about anywhere in Ontario. Commonly, slip and fall accidents occur on commercial properties such as:
What Should You Do If You Are Injured in a Slip and Fall Accident:
If you have experienced an unfortunate slip and fall, your first priority should be to obtain medical attention that you may need to tend to your injuries. If possible, photograph the condition or conditions that caused you to slip whether it be ice or snow, uneven pavement or a broken handrail. Many of the circumstances that caused you to slip and fall could change within hours or even minutes after your accident. That is why it is so important to photograph the area whenever possible. It is also very important to know the location of your fall. Take note of the address and be aware of your surroundings especially if there are security cameras in the area.
If you or a loved one has been injured by a slip and fall on a wet floor or uneven surface, the property owner may be responsible for damages or injuries that you suffer and it is important that you seek legal advice as soon as possible. Iacobelli Law Firm represent clients throughout Ontario in personal injury matters including slip and fall accidents. Our firm provides compassionate, professional and effective legal counsel and offers a FREE Consultation. Please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
With winter conditions throughout Toronto, GTA and Ontario, it can be a particularly difficult time for pedestrians. Ice and snow is especially dangerous for seniors or people with mobility issues. Fortunately, many home owners and businesses take care to ensure that their properties are cleared of snow and ice to make it safe for pedestrians. Sometimes, however, property owners fail to take reasonable care of their property. This can result in slippery conditions created by ice and snow.
Slip and fall accidents can result in serious injuries. Common injuries following a slip and fall on ice or snow include fractures to arms, wrists, ankles, hips, among other things. Our personal injury lawyers also see serious spine injuries and head injuries resulting from slip and fall accidents during the winter months. The consequences from a slip and fall accident can be life changing. In addition to the immediate pain associated with the injury, a slip and fall accident can result in extensive medical treatment, difficulties with household activities and lost income and wages.
Our slip and fall accident lawyers can review the circumstances of your particular situation and offer guidance on your rights and remedies. Most injury claims are covered by insurance. Nonetheless, in order to be successful in your claim for injuries, it is important to consult with a lawyer early so that your rights can be protected. Ultimately, your lawyer will have to prove that the property owner failed to meet their duty of care. To do this, information will need to be gathered following your slip and fall accident. For a FREE Consultation about your slip and fall contact our Toronto slip and fall accident lawyers at 416-900-1070 or complete our contact form here.
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Toronto Trip and Fall Injury Lawyer Discusses Accidents Due to Uneven Surfaces and Poor Lighting Conditions
Trip and fall accidents are particularly common where there are uneven surfaces, such as holes, divots depressions, steps, and dim or low lighting conditions. Property owners need to provide sufficient lighting or other markers or warning to guests in order to identify the presence of uneven surfaces. When a property owner in Ontario fails to provide sufficient lighting, or other markers or warnings of an uneven surface, the consequences can be severe. A person may not be able to see and appreciate the presence of a trip hazard. Such falls often result in serious injuries. Trip and fall accidents can result in orthopaedic injuries such as fractures to leg and ankle bones, often requiring surgery and insertion of plates and screws. These injuries can, and often do, result in lifelong problems associated with pain and reduced function and range of motion. In addition to bone fractures, a serious trip and fall accident may also result in a head injury or traumatic brain injury. Rarely, a trip and fall accident can result in death.
If you or a loved one has been seriously injured as a result of a trip and fall due to the poor condition or maintenance of property, contact a Toronto trip and fall accident lawyer at Iacobelli Law Firm for a free consultation.
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When a person is injured as a result of a slip or trip fall in Ontario, they may be able to sue the party that negligently caused the circumstances or conditions that led to the injury. An injured individual can advance a claim in the form of a slip-and-fall lawsuit against the owner of the property where the fall occurred.
In order to bring a slip-and-fall claim, there must be some negligence on the part of the property owner or other party, which caused the fall and injury. In Ontario, slip-and-fall cases are vigorously defended. Often, the slip-and-fall lawyers acting on behalf of the property owner will attempt to defend by claiming that the property owner acted reasonably under the circumstances. Another common defence to Ontario trip-and-fall lawsuits is that the injured party bears responsibility for the incident. Determining whether you have a viable slip-and-fall case against a property owner in Ontario will usually require some analysis by an experienced slip-and-fall lawyer.
If you believe that you may have a slip-and-fall or trip-and-fall claim due to ice or snow, slippery floors, uneven surfaces, or other defective conditions, you should not delay in speaking with an Ontario slip-and-fall lawyer. Early preservation of evidence and, in particular, site conditions is important.
Iacobelli Law Firm is a personal injury boutique firm. We offer prospective clients a free consultation. To schedule your free consultation, call us or complete our on-line contact form.
Slip and Falls on Ice and Snow - Personal Injury Lawyer For York Region, Toronto, Aurora, Vaughan, Woodbridge, Richmond Hill, Markham, Bradford, Keswick, Newmarket Ontario.
With the arrival of winter in Ontario, pedestrians need to be aware of ice and snow conditions. Most business owners and home owners do adequately maintain their premises for the safety of visitors. Where business owners or home owners fail to adequately clear ice and snow, however, the conditions may result in serious injuries to visitors and patrons. Ice and snow can be treacherous if left untreated on sidewalks, steps and parking lots.
Trip and falls are a serious matter, often resulting in severe fractures involving ankles, knees, hips and other bones in the leg. Sometimes, these injuries require surgery with the use of plates and screws. The consequences can be life altering.
If you or a loved one has been injured as a result of a slip and fall on ice or snow, contact personal injury lawyer, Andrew Iacobelli, for a complimentary consultation.