Toronto Injury Lawyer Blog
It’s snow tire time. We’ve had some pretty mild weather thus far in Ontario, but it’s getting to be that time of year. Don’t believe me?
Today the Weather Network announced that Ontario would get hit with its first blast of winter. They are predicting up to 60cm of snow in some regions on account of lake effect snow. They are warning drivers this will be the first hit of winter, with some hazardous winter driving conditions.
A few things to note:
- The people/networks which predict the weather are often wrong. These are only weather predictions so they aren’t going to be correct 100% of the time. Catchy headlines are used to engage readers (pay per click). Reporting on the weather that everything is fine and there is nothing to worry about won’t engage as many eyeballs. But predicting doom and gloom entices more people to click and read. So take these predictions with a grain of salt.
- Having said that about false weather predictions; we’re certainly due for a meaningful snowfall in Ontario. We are in the last week of November, and we haven’t really felt, or seen the winter. That means it wouldn’t surprise me if we got hit with a winter storm of some proportion. How big, or small that storm will be is anyone’s guess.
- The first snowfall of the winter makes for erratic driving! It seems that people forget how to drive when it snows, or they’ve never driven in snowy conditions before. Both statements can be true. Not everyone on our roads knows what it’s like to drive, or how to drive, when it snows. Snow, sleet, slush and ice create unique driving conditions which are only seen in winter weather countries like Canada.
- We also see the procrastination of putting on snow tires having an effect. Many people don’t think of putting on snow tires until it’s snowed a few times and their vehicles are sliding around the roads like sleds. They know that they have snow tires, and that they need them; but they wait until it’s too late to get them installed. That’s quite common. It’s recommended that snow tires be changed over when temperatures consistently fall below 7 degrees; even if it isn’t snowing. Snow tires are formulated to grip better when it’s cold. With global warming, this date is going to be more erratic, and get pushed back later and later.
- On that note, here is a free marketing opportunity for any tire brand (Michelin, Cooper, Bridgestone etc.) or the tire industry. National Snow Tire Changeover Day. This idea would be good to heightening awareness about snow tires, and giving people a reminder to get them installed. It may also increase sales of snow tires. The companies can also provide incentives to purchasing and installing tires on National Snow Tire Changeover Day. The problem you might encounter is that the day might change depending on the weather. Hot temperatures would delay it, while fast cold snaps might move it forward. The National Date might also vary depending on where you live. You would have different temperatures and climates depending on the province (or area within a province) where you live. In any event, I’m sure that the marketing executives at the tire companies can figure things out. That’s why they’re paid the big bucks.
And it’s for these reasons that personal injury cases and bad weather go hand in hand. That’s not to say that bad accidents don’t happen when there isn’t bad weather. Nor is it to suggest that people cannot, or should not drive when the weather is bad. It’s to suggest that the worse the weather, the greater chance of an accident. Don’t believe me?
There is an entire body of law dealing with winter weather maintenance contract, and the responsibilities /duties of winter maintenance contractors to clear the snow and ice from pedestrian walk ways for slip and fall cases. People are more likely to slip and fall on snow and ice; then if there wasn’t any snow or ice to slip and fall upon if it was not there in the first place.
The same applies for plowing, sanding and salting roads and sidewalks in the winter. This applies to Cities, Towns and Municipalities along with private property owners who have large parking lots. These winter time slip and falls don’t happen if it doesn’t snow, or if the weather doesn’t fall below the freezing mark. What’s even more remarkable is the lax attitude which people have towards changing over to their snow tires also applies to their winter footwear. You would be amazed by the amount of people who are slow to the draw at getting out their winter boots and putting them into their rotation after a snow storm. It would seem that they only get out of the storage closet after the first few snow storms have passed and there is some sort of significant accumulation of snow and ice on the ground. Winter boots are like snow tires for your feet! One of the first questions which an insurance defence lawyer, and a Judge will want to know about your winter slip and fall was what footwear you were wearing at the time of your slip and fall accident. Were you wearing flip flops or crocs in the snow and ice; or were you wearing winter boots which were more appropriate for the weather conditions. Canadian juries will have a hard time sympathizing with a Plaintiff who was not wearing proper footwear for the winter. It’s not like they were coming back from the beach. This is Canada and it gets cold, snowy and icy in the winter months. A Plaintiff is expected to know that and to dress appropriately for the weather. The insurer will argue that had the Plaintiff worn the proper footwear, that the accident would not have happened in the first place; or could have been avoided altogether. Perhaps, if the fall were inevitable, it would not have resulted in the same extent of damages had the Plaintiff be wearing proper footwear.
