What should I do if I’m in a slip and fall accident?
Slip & Fall Accident - What Should You Do?
It may be something you never think about, but what should you do if you injure yourself in a slip and fall accident in public? While unlikely to happen to most people, it never hurts to be prepared in case such a situation arises. Here is what you should do just in case it does:
Location of the Incident
Whether you are by yourself or are with someone when it happens, be aware of the precise spot of where the injury took place. If someone is with you, confirm with them where the accident occurred. Don’t forget to take photos as well. If there was a crack in the pavement, a pothole, a bump, a depression in the ground or an unmarked change in elevation, be sure to take photos of these things. Take photos of the exact spot as well as the surrounding areas. For example, take pictures of any adjacent businesses that are in the vicinity of the accident site.
There is always a possibility these businesses could be liable for your damages. If the accident occurred in an outdoor plaza, then don’t forget to take pictures of the signage in front that lists the address and possibly the name of the property manager. If you can locate a manager that is responsible for supervising the location, speak with him or her and fill out an incident report. Incident reports can be helpful evidence in a tort claim and can strengthen your case.
If the accident occurred outside, take note of the weather, write it down, or enter it into your phone. Was it snowing? Was it raining? Was it clear outside? Was there snow or ice on the ground? These are all important factors that have to be taken into consideration should you decide to pursue a tort claim. If the accident occurred indoors take note or photos of any wet floor signs.
Limitation Period
Another very important factor to consider is the limitation period. Generally speaking, a person has two years from the time of the accident to file a claim. However, if the incident occurred on property in the City of Toronto such as a public sidewalk, then a person only has 10 days from the time of the incident to report it in writing to the City under the Municipal Act.
Witnesses During the Incident
One last important point to consider is to see if there were any witnesses during the incident. If you were alone at the time of the incident and there were any witnesses, ask for their contact information and get a brief description of what they observed.
Following the above steps can strengthen a tort case. Being an informed accident victim can hopefully result in the best possible legal outcome.
