Slip & Fall Accidents: What You Need To Know

With the recent fluctuations in the weather we have been having, from long periods of rain, flurries, and snow, it is important to know what to do in the event of a slip and fall accident.

In the winter, there is an increased risk of falling on snow or ice, whether outside of your house or someone else’s house, a store or outside a store or public facilities and in a parking lot or on a sidewalk as a result of a crack or broken curb.

Sometimes slip and falls that occur indoors are as a result of torn or uneven carpets, damaged or wet floors, staircases with poor lighting or stairs that are too narrow or difficult to navigate.

This blog will cover:

• What you need to know about slip & fall claims
• What to do in the event of a slip & fall
• How a lawyer can help you

What do I need to know about slip & fall claims?

The property you fall on could be owned by a commercial entity, the government (city or municipality) or a homeowner/landlord. Depending on where you fall, different limitation periods apply.

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In Ontario, property owners are required to clear away snow and put salt on icy areas in a reasonable amount of time following a snowfall or ice forming.

The amount of time can vary depending on which city or municipality you live in. The idea is that property owners have a duty to make sure their property is “reasonably” safe for anyone who will be entering it, meaning clear of potential and foreseeable hazards.

What should you do in the event of a slip & fall?

​Here are some helpful tips to keep in mind.

Seek Immediate Medical Attention

​If you do not attend a hospital, go see your family doctor or go to a walk-in clinic as soon as possible so your injuries can be assessed. Explain to the doctor how/when you came to be injured, so your slip and fall accident is documented in your medical records and the information is still fresh in your mind.

Make an Incident Report

If there is a manager/store owner or someone you can make an incident report to, do so and ask for a copy of the report and for their contact information.

Take Notes

​Take notes of the time, location, and how your injury occurred. What caused you to fall, was it an object, water, ice, missing tile, broken sidewalk?

Ask for a Copy of Security Camera Footage

If there are security cameras where you fell, see if you can get the owner or manager to provide you with a copy of the footage showing your slip and fall.

Gather Witness Information

If there are any witnesses, ask them for their names and contact information, and if they will be willing to give a statement. This type of evidence will help your claim.

Find the Owner

​Try to find out who owns the property where you fell so you know who is responsible for the maintenance of the property. Is it private property where there is one owner? It is a landlord and tenant arrangement? Is it owned by a city or municipality? Is it owned by a commercial entity?

This information will be very helpful to your lawyer.

Take Pictures

​If you are able to, or as soon as you are able to, take photographs of where you fell so you can demonstrate the conditions that caused your fall. If you physically can’t take pictures at the time of your fall, ask a witness to, so the photographs will document the conditions of the sidewalk/driveway/parking lot/staircase/floor the day you fell.

Keep Your Shoes/Boots

​It is important to show what type of footwear you were wearing at the time of the fall.

Were you wearing winter boots or appropriate footwear for the weather conditions?

Keep your footwear and also take pictures of the boots as this may be used as evidence in your case.

Keep Any Damaged Clothing/Objects

If any of your clothes were damaged or items such as a phone, iPod, glasses etc., you should take pictures and keep them as proof of how severe your fall was.

Document Your Injuries

​Document your injuries, and if applicable, take pictures of your injuries. This is further evidence for your case.

Weather Record

If you fell outside, you might want to print out historical weather information for the night before/day of the slip and fall so you can have evidence of what the weather was like that day.

How a lawyer can help

Why would you want to hire a lawyer after you’ve been injured as a result of a slip and fall?

Your injuries

​A slip and fall accident can cause a range of injuries from bruises, sprains, fractures and traumatic brain injuries. As a result, you may be unable to work for a period of time as a result of these injuries.

Limitation Periods

A lawyer can explain to you what a limitation period is, and what limitation period (s) apply or may apply to your claim.

An example of this would be if you fell on city property, you may have a very short limitation period, as little as 7 days to notify the city of your accident.

With most lawsuits, you have 2 years from the date of the slip and fall to sue the party (ies) responsible, but it is recommended that you notify them as soon as possible of your intentions to bring a court action against them.

Starting a Court Action

​With the help of a lawyer, you can pursue a court action against a property owner (s) for your injuries that resulted from a slip and fall accident.

Proving Liability/Negligence

​A lawyer can also help you to ensure that a proper liability investigation is conducted, which will help prove the cause of the fall and whether or not reasonable steps were taken to prevent falls from occurring.

Your Rights and Obligations

A lawyer can explain to you what your legal rights and obligations are as an injured person, for example seeking medical attention as soon as possible, participating in your recovery and keeping your doctor informed of new medical symptoms.

You should also keep your lawyer informed of any new specialists you may be seeing and any new diagnosis you may have received. A lawyer will advise you of what information is and will be needed from you.

Compensation

A lawyer can explain to you of what type of compensation you may be entitled to.

You can be entitled to compensation for pain and suffering (“general damages”), lost wages (past loss of income) and future loss of income, and out of pocket medical expenses or expenses that would not have occurred but for the accident.

Proper Investigation

A lawyer can also help you to ensure that a proper liability investigation is conducted, which will help prove the cause of the fall and whether or not reasonable steps were taken to prevent falls from occurring.

​We hope this guide has helped you to understand how slip and fall claims work in Ontario.

if you or someone you know have been injured as a result of a slip and fall accident, you should seek the advice of an experienced personal injury lawyer as soon as possible. The lawyers at Aaron Waxman and Associates have helped many clients who were injured as a result of slip and fall accidents.