What to do after a slip and fall

The most important thing to do after a slip and fall is to seek immediate medical attention for your injury. Once you have received medical attention there are a number of important steps that need to be taken to ensure that evidence is preserved and you do not jeopardize your ability to sue the at-fault party for damages. Given the short timelines to put the defendants on notice in slip and fall cases, we recommend contacting a lawyer as soon as possible. A lawyer would also be able to help you perform the below recommended steps and present your case from the best possible angle.

Document the Location of the Fall

Although this may seem simple and straight-forward, it is important to document the exact location and time that you fell as soon as possible after a slip and fall. As time goes by, memories become fuzzy and the exact location can be hard to recall. There are different standards of care for different types of property owners and sometimes it is not easy to determine who is responsible for the maintenance of a specific area. The difference of a few meters in either direction could result in a different party being responsible for the area.

The time of the fall is equally as important. In snow and ice cases, the difference of a few hours can mean drastically different conditions. Your lawyer is able to request maintenance records from snow removal companies to determine what, if any, actions were taken prior to your fall. However, if the timing of the fall is unknown or off, then this can significantly detract from your case.

Accident or Incident Report

It is not mandatory to file an incident report when you fall on a company premise and this does not prevent you from bringing a lawsuit against the property owner or business where you fell. However, an incident report assists in putting the company on notice and provides an official record of the incident. An incident report can also be helpful in making sure that important evidence is preserved, such as names of staff working on the date, video evidence, photos of the fall location, and potential witnesses. If you leave the store without reporting the fall to anyone, the store may be unaware of the incident and will not preserve any of the necessary evidence. It can be much harder to prove that the fall occurred without the initial evidence documenting the fall.

Photo/Video Evidence

Photo and video evidence is some of the best evidence of a fall that is available. Liability is often highly contested in slip and fall cases and video and photo evidence can be exceptionally useful in demonstrating that the hazardous conditions of the property led to the fall. Some of the best evidence comes from surveillance equipment that may be onsite in businesses such as malls or grocery stores as you may be able to see the entire fall. However, pictures and video taken after the incident are still useful to document and demonstrate the nature of the hazard that caused you to fall. If you are seriously injured in the fall and require immediate medical attention you may be unable to take pictures or record any video of the fall location. If there is someone with you, you can ask them to take pictures or video of the fall location. Similarly, it is perfectly reasonable for a family member or friend to go to the scene and record some video or take pictures while you are in hospital or receiving medical attention. Pictures or videos that are date and time stamped are even more useful. If you cannot get out right away due to your injuries, photos of the scene of the fall even a few days later are still useful, but obviously the closer to the time of the fall the better. Photos and videos can be taken on any device such as a cellphone or camera.

Witnesses

If you are walking with someone who witnesses the fall, it is important to get a statement from them as soon as possible documenting how the fall occurred. Even when you are travelling alone at the time of a fall, try to get the name and contact information of anyone who witnessed the fall or came to assist you. This can include strangers that are passing by or employees at the business where you fell. Witnesses can be paramount in corroborating the details of your fall and the hazardous conditions, especially where there is no photo or video evidence demonstrating the fall. Your lawyer can obtain written statements from these individuals that can be used in your court proceedings.

Medical Treatment

As previously mentioned, the most important thing to do after a slip and fall is seek the necessary medical attention. It is also important to continue to follow up with your medical providers to ensure that your complaints are well documented. During a claim, the defendants and their insurers will ask for your medical records. They will not accept your evidence stating that you suffered and continued to suffer injuries if there are no corresponding medical records confirming these complaints. Medical providers can include family physicians, specialists, psychologists, physiotherapists, chiropractors, or other treatment providers.

Notice Requirements

The notice requirements are very strict in slip and fall cases. Under the Occupier’s Liability Act, a plaintiff has only 60 days to put a party on notice for slip and falls caused by snow or ice. Under the Municipalities Act, there is only 10 days to put a City on notice for falls that occur on roadways or sidewalks. If these strict notice requirements are not complied with, an injured party with an otherwise valid case is not able to proceed with a lawsuit. It is not always easy to identify the owner of the property where you fell and often requires an official registry search. Similarly, prompt preservation of evidence documenting the fall can be essential to prove liability in slip and fall cases. It is not enough to say that you fell, the fall needs to have been caused by the act or omission of another party for you to be entitled to damages. This is why in slip and fall cases, it is almost always advisable to contact a lawyer with specific expertise in slip and fall cases as soon as possible after a fall.

At QWK lawyers, we are available 24-7 for consultations free of charge. If you want more information about what to do after your slip and fall, contact us today.