There are some basic things you should do after a slip or trip and fall - even if you are not certain that you have a claim. It is much easier to collect important information and take certain steps at the outset than to try and do it weeks or months after the fall. 

1. Immediately after the fall

Your very first step should be to take photographs that show the location of the fall and the condition of the property. This can be particularly helpful when it involves changing conditions like snow and ice. If practicable, you or someone you know should take pictures of the scene as soon as possible. It is best to take many photographs of the area from different angles and vantage points. If your case involves road or sidewalk defects (e.g., potholes and cracks), or generally any hazards, it may be helpful to take photographs measuring the width and depth of the hazard. It is equally important to take photos of your shoes or boots right away, to document your footwear.

2. Collect witness information

Your very next step should be to make sure to obtain the contact information (full name, address, and telephone number) of anyone who witnessed your slip/trip and fall. Also, memories fade, so the quicker you can obtain statements from any such witnesses, the better.

3. Notifying potential defendants

In general, a crucial step is to notify potential defendants immediately. There are particular requirements depending on where the injury occurred. For an injury that occurred on a municipal property, you must send a written notice of your claim and of the injury complained of to the clerk of the municipality, within 10 days after the occurrence of the injury. If the claim is against two or more municipalities jointly responsible for work being done on the property, the notice must be sent to the clerk of each municipality. The notice must include the date, time and location of the occurrence.

For an injury that occurred on a private property, you must personally serve, or send by registered mail, a written notice of the claim, including the date, time and location of the occurrence, to either an occupier or an independent contractor employed by the occupier during the relevant period in which the injury occurred. You would have to send this notice within 60 days after the occurrence of the injury.

For an injury that occurred on provincial crown land, you would have to serve on the Crown a notice of your claim within 10 days after the claim arose.

For an injury that occurred on federal crown land, you must serve a notice of your claim to the Deputy Attorney General of Canada at least 14 days prior to pleading your case.

If you fail to meet the notice requirements, you will have to provide a reasonable excuse for the delay in your giving notice. Whether or not the excuse is reasonable will depend on all of the circumstances surrounding your injury. The court will consider factors such as the seriousness of the injury, whether surgery was required, the duration of your stay in hospital (if that is the case), the nature and amount of medications you had to take (if that is the case), the subsequent therapy required and the impact it had on your career and mental health (if any).

4. Precisely identify the location of the fall

When identifying the location of your fall, being precise In the legal world, is extremely important. Make sure to gather as much information as you can about the location of your fall - and do it as soon as you can. You should also report the incident to the owner or occupier as soon as possible.

5. Preserve your footwear

Your choice of footwear in a slip or trip and fall case will generally be relevant. To avoid responsibility, a defendant will often argue that your footwear was inappropriate in the circumstances (e.g., running shoes during a snow storm). It is important to keep the shoes or boots you were wearing at the time of the incident so that they can be inspected in the future.

CONTACT A LAWYER

If you or someone you know has been involved in a slip and fall incident please do not hesitate to contact our firm. Our lawyers will review your case for free.