If you injure someone else’s property from a slip and fall, the property owners may be liable if it’s from a hazardous condition. They have a duty of care to ensure their location is in good repair and safe.
If your injury results from negligence on their duty of care, you’ve likely got a reasonable case. If you are considering a slip and fall claim, speaking with a slip and fall lawyer Toronto is important. Before you do that, however, there are other considerations to consider.
Let’s learn how to file a slip and fall claim.
1. Record the details of the accident
Write down the slip and fall accident details as early as you can. Include the time of day it occurred, what happened, what shoes and clothing you were wearing. Also, mention if there were any witnesses and their contact information if it was inside or outside the building.
In addition, highlight if it was on a wet or dry floor. Jot down these and other details, giving as full a glimpse as possible into what happened.
2. Contact the property owner and authorities
Immediately after you slip and fall, get in touch with the property owner, store manager, or whoever is the authority on site. Make them aware that an accident has occurred and that you’re injured. They likely have a policy or procedure to follow in the event of an accident.
Follow any guidelines, participating in making an accident report or accident statement. An accident report will be important to the slip and fall claim to come.
3. Take photos of the location and injury
Photos are important documentation, just like writing out the details. Take photos of the location of the accident. Take additional photos, such as if there’s a wet floor, broken pavement, torn carpet, or other similarly hazardous conditions nearby.
You will also want to take photos of your injury. Take an abundance of photos if your injury worsens or causes complications; document that in photos.
4. Seek medical attention immediately afterward
Even if you don’t need medical attention, get it. Ask someone to call 911 if you can’t. A slip and fall can result in a severe back injury, head injury, brain injury, broken bones, or sprains. Some symptoms may not present for weeks. Always be assessed by a physician. Never do anything.
Furthermore, if you go and everything’s good and things worsen a few days from there, go back. Have your medical condition relating to the slip and fall thoroughly documented by a physician.
5. Follow all medical advice from your physician
If something’s offered medically, you do not want to turn it down and make it appear that you are avoiding a full recovery. Take all medical advice.
Take any x-rays, physical therapy sessions, prescribed medications, and consultations offered. Follow your doctor’s advice to a tee. Do your absolute best to have your injury fully heal and recover.
6. Document the consequences of your fall
A serious slip and fall may mean you have to take time off, which means lost pay. Write down the medical expenses you had to cover. Be sure to document any changes you’ve experienced and always get help if symptoms worsen. These are all things you can discuss with your slip and fall lawyer.
7. How your slip and fall lawyer consult will go
When you meet a slip and fall lawyer the first time, they are there to assess your accident. You should expect a lawyer to ask questions about the incident to determine if there’s a legitimate claim. A slip and fall lawyer will also attempt to determine if there was negligence before agreeing to be your representative.
For example, if someone was fooling around in heels and fell, it’s unlikely they would have a slip and fall case. However, if someone was walking in a pair of sneakers with groceries and fell, there’s more likely a real case.
8. Slip and fall court cases aren’t easy
Corporate property owners and business owners see a lot of fraudulent claims and strongly dislike compensating for slip and fall accidents. These court cases are not easy. Someone being sued by you will want to disprove your statements, relate your injuries to a prior health condition, or discredit you.
As you lead up to the court case, you will have to provide a deposition in the presence of your slip and fall lawyer. This isn’t easy. If your statements are consistent and true and your lawyer professional and persuasive, there’s a good chance you will succeed.
9. Deadline for filing a slip and fall claim
You don’t have unlimited time to file a slip and fall claim in Canada. Deadlines vary by province. In Ontario, claims against a private property owner must be filed within two (2) years.
When it’s a government-owned property, you must provide written notice via registered mail within ten (10) days of the accident. If the deadline is missed in your region, you won’t be able to file a slip and fall claim.