Claim Case Study A Patch of Black Ice

February 8th started out as a typical Tuesday morning for the plaintiff. She woke up her 8 year old daughter, got her ready for school and then prepared to walk her to school. The weather in the last few days was typical for an Ontario winter. There was some snow and some rainfall and the fluctuating temperatures gave rise to a thaw/freeze cycle. To prepare for the walk, the plaintiff put on a pair of winterized hiking boots that had a good rubber sole with a tread pattern. Based on past experience, she was already anticipating the slippery sidewalks. Out the door the two went, taking their usual route to school. That particular morning, they walked with another mother and the two chatted along the way, not paying close attention to morning sidewalk conditions. In one short breath, this typical walk to school became atypical when the plaintiff slipped and fell on a patch of black ice, sustaining injuries that would prompt her to sue the City.