The Occupiers’ Liability Act was recently amended, which has important impacts on slip and fall or trip and fall accident lawsuits. Let us delve in the details to see how the changes will affect slip and fall lawsuits.
Changes in Act Affecting Slip and Fall Accident
As of January 1, 2021, the time period allowed for filing a notice after a slip and fall accident has been shortened and it is now 60 days. Previously, if a person got injured due to a slip and fall or trip and fall accident over icy lane ways, walk ways, steps, or any private property the injured person had 2 years to file a claim and there was no mention of notice period in the Occupiers’ Liability Act.
In addition, if such slip and fall or trip and fall accident takes place on a municipal property such as a sidewalk, there was a requirement for notice of the claim, which contained details of fall, date of fall, time, and location of the fall within 10 days. If notice is not given within the 10 day period, the claim might be barred from proceeding.
However, in the case of injuries occurring on municipal properties which result in death, then the time constraint for filing of notification will not be applicable. Similarly, if the injured person is able to provide adequate excuse for not serving the notice within 10 days and there is no prejudice to the municipalities’ ability to defend the claim, it may be possible to proceed despite the lack of timely notice. The court reserves discretionary rights where it can forgive a late notice where there are reasonable circumstances for the same.
Individuals/ or Companies that should receive Notice of Claim
While providing notice of claim or filing a law suit, the claimant has to locate property’s legal owner, or anyone responsible for maintenance of the property. Claimants should also inquire about presence of a property manager or contractor for snow and ice removal.
According to the Occupiers’ Liability Act, an occupier is a person or company with responsibility or physical possession as well as control of specific premises and all such parties need to be included in the notice and legal proceedings.
Bill 118
The Bill 118, which amended the Occupiers’ Liability Act and a new section was added known as Section 6.1. This section makes it necessary to serve a notice for the claim within sixty days from the date of accident to the occupier or maintenance contractor (whom the occupier employed).
The Effect of Changes
The effect of the changes will be 2-fold:
- It is expected that there will be fewer actions that will be taken since many injured people will not be aware of the changes and the short time period within which notice is to be served. As a result some legitimate claims will be barred if people are not aware of the law and do not consult with a lawyer soon after their injury.
- Secondly, claimants will be taking premature steps to notify potential occupiers, well before the extent and nature of the injuries are fully determined. Such action will be taken so that they do not miss out on serving the notice within the stipulated time period.