winter injuries: many canadians don’t realize they may be entitled to support for slip-and-fall injuries
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a simple fall could lead to serious injuries and legal problems you didn’t see coming. however, knowing your rights and what you should do can protect you and your health.
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for canadians, winter weather is a part of our reality from november to march. unfortunately, temperatures below freezing pose a significant health hazard. accumulated snow and ice can lead to slippery walking conditions, making trips, slips and falls far more likely.
in fact, according to the university health network in toronto, each year, falls on ice lead to more than 9,000 hospitalizations in canada due to injuries such as sprains, fractures and head trauma.
despite the fact that we deal with safety concerns and weather issues for six months of the year, after a tumble on a slippery sidewalk or step, many of us may say: “it was just an accident — no one is responsible.” but legal experts would remind you that in reality, that isn’t always true.
in some cases, someone may indeed be responsible for your so-called accident. many people don’t realize that property owners and occupiers, such as businesses, landlords and municipalities, have a legal duty to keep their premises in a reasonably safe condition. if they fail to do so, they may be liable for injuries.
figuring out what to do after a slip and fall can be tricky. there’s a lot to think about, from getting medical help to figuring out if someone is to blame. a simple fall could lead to serious injuries and legal problems you didn’t see coming. however, knowing your rights and what you should do can protect you and your health.
here are the top 5 steps to take if you are injured in a slip and fall incident. they’ll protect your health and any legal options you may have.
- document the scene of the accident
taking pictures and making notes (day, date, time) right after a fall is really helpful. note the conditions, too. grab your phone and snap photos or take a quick video of what made you fall.
if anyone saw you fall, ask if they’ll write down what they saw or if they will share their contact information.
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- seek medical attention immediately
it may seem obvious, but seeing a doctor right away is key, even if you feel okay at first. putting it off can impact any legal claims later on.
and it’s important to keep records of all your doctor visits and what they say is wrong.
- report the incident to the responsible parties
try to determine who could be at fault for your fall. it might be a homeowner, a business, or even the city, so think about who is in charge of keeping the property safe where you fell.
notify the property owner, mall manager, or relevant authority immediately. request a written incident report if you’re on commercial premises.
- proving negligence
in the event of a slip and fall on ice, liability may depend on whether the property owner or occupier was negligent in maintaining the property. if it can be proven that they failed to take reasonable steps to address the icy conditions, they may be held liable for resulting injuries.
to show someone was negligent, you need to prove a few things. did they have a duty to keep you safe? did they fail at that duty? did that failure cause your fall and injuries?
collect any proof you can find to show they were careless. photos, witness statements and incident reports can help show negligence.
- act quickly and be aware of deadlines
there are strict deadlines for filing a claim in ontario, so don’t delay.
if your fall involved snow or ice on private or commercial property, ontario law generally requires written notice within 60 days. if the fall occurred on municipal property, notice may be required within just 10 days.
in most other cases, you generally have two years to start a lawsuit in canada.
these different deadlines can be confusing, so get legal advice as soon as possible.
waiting too long to file a claim could mean you lose your chance to claim anything. an experienced lawyer can help make sure you don’t miss any important deadlines.
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nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. kotak is a member of the ontario justices of the peace appointments advisory committee of the central west region and was past chair of the long-term disability section of the ontario trial lawyers’ association.
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