Five steps to take after a slip and fall injury

We may have waited a little longer for the ice and snow to arrive this year, but we can be sure the cold weather will take hold sooner or later.

Unfortunately, it’s equally certain that some of us will end up slipping and falling on the icy sidewalks, parking lots, and driveways that winter conditions bring despite our best efforts.

If it happens to you, here is my list of the five steps to take after your accident with the help of a slip and fall lawyer.

1. Give notice

Giving the property owner notice of your intention to make a legal claim is not necessarily the first thing you will attend to after sustaining a slip and fall injury, but it is by far the most important.

Under relatively recent legislative amendments, the notification deadlines are very tight and failing to meet them could be fatal to your case.

If your injury occurred on municipal property, you have just 10 days to notify the city clerk. For slips and falls on private property, the deadline to notify at least one of the potential defendants – for example, the owner, tenant or snow removal contractor — is 60 days after the accident.

The notice should include your name and contact information; the date, time and precise location of your fall; and indicate your intention to sue. You don’t have to start your legal case in court by the notification deadlines — the clock on that limitation period continues for two years after the accident. 

It’s not always clear whose property an injury occurs on, so if you’re unsure, a personal injury lawyer or slip and fall lawyer in Oakville can help you figure out the owner and help ensure all the technical requirements of a notification are met.

2. Take pictures


After a significant slip and fall, most people are consumed by the physical pain and embarrassment they are suffering in the moment. Few will have the presence of mind to get out their phone and start taking pictures of the scene, but it can be a big help to your case if you think of it in time.

The success of a case often turns on the condition of the accident site at the time of the slip and fall, so the sooner and more accurately you can capture the scene, the smaller the chance it will be changed by warmer weather or maintenance work.

3. Collect witness contact info


Also, try to get the names and contact information of anyone nearby who may have seen your fall. I’ve had more than one case where an injured person tells me about a Good Samaritan who helped them to get medical attention, only to realize they have no idea who they were or how to get in touch to vouch for their story.

4. Take notes


Start taking notes as soon as you possibly can about the precise location of your fall, the condition of the site, the current weather conditions and any recent changes. These details could be particularly important for explaining how and when the accident site became dangerous, such as in freeze-thaw situations where warmer weather causes water to pool, before an overnight freeze turns it into a sheet of ice.

5. Get treatment


Depending on the severity of your injury, it may not be possible to put evidence collection and note-taking right after a slip or fall. Your health and safety should be the top priority, so call for an ambulance if needed and get yourself seen by a medical professional as soon as possible.

In some instances, the evidence of the medical team could even boost your claim. I have been involved in cases where paramedics had to take special measures to retrieve the patient because the entire area was so icy — providing valuable corroborative evidence about the condition of the accident site.

If you have been injured in a slip and fall and would like to explore your legal options with a slip and fall lawyer, feel free to contact me or another member of the team at Edwards Pollard. We would be happy to help you.

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