For most people in the Toronto area, at this time of year, winter is a distant memory. While this is as it should be, personal injury lawsuits arising out of winter temperatures and conditions are resolved year-round. Recently, a slip and fall case that arose after a woman was hurt when she fell after slipping on ice, was decided.
The woman was injured in February 2009 when she said she suffered a concussion after slipping on a patch of ice that was covered in snow on a sidewalk that was maintained by the city of Hamilton. As a result of that concussion she said she endured a long period or recovery and filed a claim against the city.
The case went to trial and was recently decided by a judge. The judge ruled in favor of the woman and was ordered to pay the woman damages. The amount is unknown.
In reaching that decision the judge pointed to the finding that despite a snowfall of approximately 15 inches, the sidewalk had not been cleared by the city for 22 days leading up to the incident. This failure violated the city’s own snow clearing bylaws, thereby rendering the city negligent. In addition, the judge found that a railing installed along the sidewalk, which was steep, was falling over after rusting, rendering it unable to help the woman.
When someone is hurt due to the negligence of another person or entity, it is possible that the injured individual could seek damages for those injuries, as the woman in this case did. Anyone considering this course of action would benefit from working with a personal injury lawyer.