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Slip and fall accidents can occur suddenly and often when least expected. A fall on an icy sidewalk, a wet store floor, uneven pavement, or poorly maintained stairs can lead to serious injuries such as fractures, head injuries, spinal injuries, torn ligaments, and chronic pain.
In Ontario, property owners and occupiers have a legal duty to keep their premises reasonably safe for people who enter the property. When they fail to properly maintain the property or address dangerous conditions, they may be legally responsible for injuries that occur as a result.
Understanding what to do immediately after a slip and fall accident is important not only for your health, but also for protecting your legal rights. There are strict legal deadlines that apply to these claims, and acting quickly can make a significant difference in preserving important evidence.
What To Do Immediately After a Slip and Fall Accident
A wrongful death claim may arise when a person dies as a result of another individual’s negligence or wrongdoing. These situations can include:
The actions taken after a fall can be critical in protecting both your health and your legal claim.
Seek Medical Attention
Your health should always be the first priority. Even if the injuries appear minor at first, it is important to seek medical attention as soon as possible. Some injuries—such as concussions, head injuries, or soft tissue injuries—may not fully present symptoms until hours or days after the fall.
Medical documentation created shortly after the accident can also serve as important evidence connecting the injuries to the incident.
Report the Incident
If the fall occurs at a business, store, apartment building, condominium, or other commercial property, the incident should be reported to the property owner, manager, or staff immediately. Ask that an incident report be prepared and request a copy if possible.
Prompt reporting helps create a record of when and where the accident occurred and prevents property owners from later disputing the circumstances of the incident.
Take Photographs of the Scene
If possible, take photographs of the area where the fall occurred. These images may capture hazardous conditions that caused the accident, such as:
Ice or snow accumulation
Wet or slippery floors
Uneven pavement or broken walkways
Poor lighting
Missing handrails
Debris or obstacles
Hazardous conditions are often corrected shortly after an accident occurs, so photographs taken immediately can become extremely important evidence.
Obtain Witness Information
If anyone witnessed the fall, try to obtain their name and contact information. Witnesses may later be able to confirm the conditions of the property and how the accident occurred.
Independent witness accounts can be particularly helpful if the property owner disputes liability.
Preserve Evidence
Keep the clothing and footwear worn at the time of the fall, particularly if they show evidence of water, ice, or debris. Do not wash or alter these items.
You should also keep copies of all medical records, receipts, and documents relating to the injuries and treatment received following the accident.
Important Deadlines for Slip and Fall Claims
Slip and fall claims in Ontario are subject to strict legal deadlines.
If the fall occurred on municipal or city property, such as a city sidewalk or roadway, written notice must generally be provided to the municipality within 10 days of the accident. This notice requirement is very important and failing to provide notice within the required timeframe may affect your ability to pursue a claim.
If the accident involved snow or ice on private property, written notice must generally be provided to the property owner or occupier within 60 days of the accident.
In addition to these notice requirements, a lawsuit for injuries arising from a slip and fall accident must typically be started within two years from the date of the accident.
Because these deadlines can significantly impact your legal rights, it is important to speak with a lawyer as soon as possible after the incident.
Compensation for Slip and Fall Injuries
Individuals injured in slip and fall accidents may be entitled to compensation for a variety of losses, including:
Pain and suffering
Loss of income or reduced earning capacity
Medical and rehabilitation expenses
Future care needs
Loss of ability to perform household tasks
Out-of-pocket expenses related to the injury
Every case is unique, and determining whether a property owner is legally responsible requires a careful investigation into the circumstances surrounding the accident.
Contact Haykas Law Professional Corporation
If you or a loved one has been injured in a slip and fall accident, obtaining legal advice early can help protect your rights and ensure that important deadlines are not missed.
At Haykas Law Professional Corporation, we represent individuals injured due to unsafe property conditions and work to hold negligent property owners accountable.
If you have been injured in a slip and fall accident, contact our office to discuss your situation and learn about your legal options.
Haykas Law
7111 Syntex Drive suite 130, Mississauga ON L5N 8C3
(647) 490-1713
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