June 26, 2014

Question

I went to pick up my kid from school and slip down some stairs inside the school hitting the back of neck and back.it was a rainy day and the stairs were wet due to parents going in and out to get their kids.since that day I have been back and for...

Answer

As Mr. Brophy correctly said, an application to serve a late notice of claim may be granted - at the court's discretion - if the school had 'actual knowledge' of the slippery condition and your accident within 90 days or shortly thereafter and they are not prejudiced by a delay in filing the notice of claim (such that they were denied the opportunity to promptly investigate the circumstances of your accident). If you reported it to them right away or if an ambulance was at the scene, and a crowd gathered and school officials were present etc., you might well have your application granted. You will need a lawyer to make this motion, however, so don't delay. There are many fine lawyers here on Avvo, so do a search. Good luck.


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