In seconds, you can wind up injured after slipping and falling. From icy sidewalks to wet floors in a store, there is no shortage of places in Ontario where you could potentially get hurt.
Several of our clients were shocked when they found out that they had rights in slip and fall accidents. They just assumed that they were on their own when it came to covering medical bills and other injury-related expenses.
However, you aren’t automatically entitled to compensation if you are hurt after slipping and falling on municipal or private property.
When filing a personal injury claim, you must prove that the person or group responsible for where you fell didn’t properly maintain the area.
If you are injured in a slip and fall accident in the province, and the area where you fell wasn’t properly maintained, here are four things you need to do.
1. Document the incident
After slipping and falling, it’s very important that you record the date, time and location of the incident.
If anyone witnessed the fall, ask them for their full name, phone number, email address and any other relevant contact information.
Once you have this information, it’s a good idea to get witnesses to confirm the date, time and location of the incident by email or text message. This will allow you to provide written evidence that the fall did happen when you file a personal injury claim.
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In addition to speaking with witnesses, make sure that you take photos and videos of the scene.
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Not only will this evidence help date-stamp the incident, but it will also support your claim that the area wasn’t properly maintained when you fell.
2. Write down everything that happened
It only takes a few seconds for a slip and fall accident to occur. As a result, it can be hard to remember exactly what happened at a later date.
While the incident is still fresh in your mind, write down every detail you can think of.
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Explain where you fell, what you believe caused you to fall, the part of your body that you fell on and any pain you are experiencing after the fall.
3. Seek medical attention
Getting medical assistance after the fall is crucial. Tell your doctor or another health practitioner what happened, what part of your body is injured and where you are feeling pain or discomfort.
Regularly seeing medical professionals after the incident helps build a written history of your case.
Each time you meet with your doctor or another health practitioner, the appointment is documented in writing. This is known as a paper-record.
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When you file a personal injury claim, the paper-record will make it very difficult for the owner of the property to argue that you didn’t hurt yourself after falling on the premises.
4. Contact us
If you are injured in a slip and fall accident in Ontario, it’s important to speak with the experienced personal injury lawyers at Samfiru Tumarkin LLP as soon as possible.
Where you fell affects how much time you have to notify the appropriate party of your personal injury claim.
Our team can help you determine if you were hurt on municipal or private property and ensure that the notice you provide aligns with the proper laws and legislation.
If you slip and fall on municipal property, you must provide proper notice to the city’s clerk within 10 days of the incident. When you are injured on private property, you only have 60 days to provide proper notice.
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Our lawyers regularly resolve slip and fall claims across the province. We know how much of an impact these incidents can have on an individual’s physical, emotional and financial health.
We provide free consultations and don’t get paid unless we secure the compensation that you are legally entitled to.
Injured in a slip and fall accident? Not sure if you fell on municipal or private property?
Contact the firm or call 1-855-821-5900 to secure assistance from a personal injury lawyer in Ontario. Get the advice you need — and the compensation you deserve.
Sivan Tumarkin and Albert Klein are personal injury lawyers at Samfiru Tumarkin LLP, one of Canada’s leading law firms specializing in employment, personal injury and disability law. The firm provides free advice through Canada’s only Employment Law Show and Disability Law Show on TV and radio.