Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Five Things You Should Do After Being Injured in a Fall

Five Things You Should Do After Being Injured in a Fall

By:

Posted April 9, 2021

In Ontario, people who are injured in falls can recover damages when the conditions that resulted in a slip and fall were caused by the negligence of others.

When people are injured in a fall, their immediate focus is on their symptoms and getting medical attention. They do not think about collecting important evidence right after a fall.  If you are injured in a slip and fall, there are several things that you should do to collect evidence and preserve your legal rights:

  1. Determine the Location

This may seem obvious, but it is extremely important to determine the precise location of your fall.  Get the municipal address of where you fell so you can determine the owner of the property. Even if you think that you fell on a municipal sidewalk or road, it is important to get the municipal address of the closest property. You cannot always be certain whether the location is public or private property; so it is best to get the municipal address.

  1. Provide Notice Without Delay

Municipalities are entitled to receive notice of a fall within 10 days.  If you do not give notice within 10 days, you may lose your right of action against the municipality.  So, if there is even the slightest chance that your slip occurred on a public sidewalk or road, deliver a notice containing details of the date, location, and time of your fall, and a summary of your injuries, to the appropriate municipality.

  1. Get Witness Details

Having witnesses to your fall can be very important. Independent witnesses can support your claim by commenting on the conditions which caused you to fall.  If someone gives you assistance, be sure to obtain their name and contact information.

  1. Save Your Shoes

The shoes you were wearing when you fell are very important to the success of your claim. The type of shoes you were wearing, and their condition, can help establish that they did not contribute to the cause of your fall.  Defendants in slip and fall cases inevitably blame the injured person’s footwear for the fall. It is therefore very important that you preserve the shoes until your claim is resolved. You should avoid wearing the shoes to maintain them in the condition they were in when you fell.  By preserving your shoes you will have evidence to rebut any accusation by the person responsible for the condition of the location where you fell, that the fall was caused or contributed by your shoes.  It is a good idea to take photographs of your shoes, including the soles, showing their condition at the time of the fall.

  1. Take Photographs

The surface conditions present at the time of your fall may change quickly. It is important to take photographs recording those conditions, and the fall location, as soon as possible. The photos of the surface conditions should include closeups, giving a clear picture of the hazard which caused your fall.  The photos of the fall location should include panoramic photos to show where it was in relation to other landmarks, such as buildings, stairs or curbs. A good selection of photos can be crucial in establishing the fault of the person responsible for maintaining the location where you fell.

Conclusion

These five recommendations will help you maintain and prove your entitlement to compensation after a slip and fall injury, but they can be difficult to perform right away.  Hiring a competent lawyer as soon as possible after being injured in a fall will ensure that they are completed as quickly and thoroughly as possible.

This blog post was written by Edward (Ted) Masters, a member of the Disability Insurance Claims and Personal Injury teams.  He can be reached at 613-566-2064 or at ted.masters@mannlawyers.com.

More Resources

Blog |
Family Law

By: 

Posted November 29, 2022

When a Court is charged with structuring a parenting arrangement leading up to trial, the bench is often faced with conflicting and untested evidence about[...]
Blog |
Employment, Labour, and Human Rights

By: 

Posted November 24, 2022

The Employment Standards Act, 2000, “ESA” has been amended to require that Ontario employers create an electronic monitoring policy per the requirements of Bill 88,[...]
Blog |
Commercial Litigation

By: 

Posted November 22, 2022

In Ontario, the Small Claims Court offers parties a more expedient, cost-effective process for litigating smaller value claims, in comparison to the processes of the[...]
Blog |
Business Law

By: 

Posted November 14, 2022

Private corporations governed under the Canada Business Corporations Act (“CBCA”) will soon be required to report certain information about individuals with significant control directly to[...]
Blog |
Environmental Law

By: 

Posted November 8, 2022

Biodiversity is immensely important to our ecosystem.  Species at risk face considerable threat to their continued existence, much of which results from human harm to[...]
Blog |
Estate Litigation, Wills, Trusts and Estates

By: 

Posted November 1, 2022

Disputes over funeral and burial arrangements can arise after the death of a loved one. These disputes may involve disagreements over the funeral arrangements, including[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.