Slip and fall accidents can be sudden and disorienting, but knowing what steps to take immediately afterward can help protect your health, legal rights, and any potential compensation claim. Here’s what you need to do in the event of a fall:
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Take Photos
Immediately after your fall, take photos of the scene. Document where the incident occurred and what the conditions were at the time. Capture any hazards like wet floors, uneven surfaces, ice, or poor lighting, as these images can be crucial evidence if you decide to pursue a claim.
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Gather Witness Information
If anyone witnessed the slip and fall, ensure you collect their name and contact information. Their testimony will be crucial in corroborating your version of events, adding weight to your claim.
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Seek Medical Attention
Seek medical attention as soon as possible. This serves a dual purpose: not only will you receive the necessary treatment for your injuries, but it also provides documentation of the injuries you sustained, which can be vital if you pursue a legal claim.
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Maintain Your Footwear and Clothing
Preserve the shoes and clothing you were wearing at the time of the fall. Your footwear is a vital piece of evidence that can impact the assessment of damages and the determination of negligence or liability. Clothing, especially if damaged, can play a significant role in showing what the conditions were like at the scene.
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Provide Notice if Needed
If your fall occurred on municipal property, you are required to provide notice within 10 days to the city. For falls on private property, ensure you understand the specific requirements, which may vary, but is most certainly no longer than 60 days. Timely notification is crucial for preserving your right to bring forward a legal claim. To better understand who to provide notice to and how, as well as the relevant timelines, click here.
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Document Everything
Keep thorough records of everything related to the accident. This includes medical reports, communication with property owners or insurance companies, and any other relevant documentation. Such as whether there were security cameras facing where you fell, or warning signs that were visible. Detailed records can only help strengthen your version of events.
Relevant Legislation
As briefly mentioned prior, understanding the legal framework surrounding slip and fall incidents is essential. In Ontario, the following acts apply:
- Occupier’s Liability Act: This law requires that you provide notice to the property owner or whoever was responsible for the property where you fell within 60 days.
- Municipal Act, 2001: For slip and falls on municipal property, you must provide notice within 10 days.
Determining who’s responsible after a fall, in accordance with the aforementioned legislation can be confusing. It is of the upmost importance to ensure that notices are made in accordance with the rules, and our experienced personal injury team of legal professionals are here to assist you in your claim.
Conclusion
A slip and fall can have serious consequences, but taking the right steps immediately afterward can protect your well-being and your legal rights. If you or a loved one has been injured in a slip and fall, Bergeron Clifford LLP is here to help. Contact us for a free consultation and let us assist you in getting the compensation you deserve.
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.