Even the most simple of slip and fall injuries can be painful experiences. In cities such as Ontario, many think that slip and fall accidents come with the territory and the climate. As a result, many people are unaware that they have legal rights if they are victims of slip and fall accidents.
When filing a personal injury claim, you must prove that the accident was due to the property owner, whether private or public, failing to maintain the area where you fell adequately.
Johnson v Levin
The 2018 case of Johnson v Levin set a legal precedent. While installing a water softener, Mr. Johnson was injured in a slip-and-fall accident after slipping on ice that had built up on a driveway apron.
By enlisting the assistance of local homeowners and a climatologist, Mr. Johnson proved that Ontario city authorities had failed to maintain the apron adequately against ice, thus causing Mr. Johnson’s injury.
The court ruled that the city of Ontario was at fault and owed Mr. Johnson a duty of care. With no fault found against Mr. Johnson, he was paid full financial compensation for his injuries due to the city of Ontario’s failure to maintain the apron around the driveway.
What to do if you are injured in a slip and fall
If you or someone you know has suffered an injury due to a slip and fall, here are four things you must do as soon as possible.
Document everything
Firstly, record the date, time, and location of the accident. Then, take photos and videos of where the slip and fall occurred and pictures of the injuries.
These details could become crucial evidence in any injury claim you file. In addition, locate any CCTV cameras covering the area where the accident occurred and contact the local authority or private owners of the property where the cameras are located to ask for footage.
Having the date and time of the slip and fall helps them pinpoint where the footage is on their cameras, which could provide you with additional evidence to support your case.
This is best practice for any injury claim.
Write everything down
Of course, when someone suffers a slip and fall injury, the immediate focus is often on dealing with the pain. However, it’s essential to write down everything about the accident as soon as possible so that crucial details aren’t omitted.
The sooner events are recorded in writing, the more details you can recall. Even a few days’ wait can result in critical information being overlooked. If your injury means you cannot write, dictate the details to a friend or family member to transcribe at the earliest opportunity.
Alternatively, create a voice note with a smartphone or tablet describing the events leading up to the accident to ensure everything is captured.
Get treatment
Some injuries are worse than first thought, and you feel you can walk it off. However, seeking medical attention is essential before filing a personal injury claim for a slip and fall injury.
The clinic or hospital will document everything, from any x-rays and scans to treatment and the gravity and extent of injuries. This information can help provide the basis for financial compensation as it helps to confirm the date and severity of the slip and fall.
Any delay in seeking medical treatment could jeopardize your injury claim, so time is of the essence to get seen as soon as possible after a slip and fall. Regardless of how severe you think the injury is, getting a medical assessment and treatment is essential to you successfully pursuing a claim and gaining compensation.
Seek legal help
The final step is to seek legal representation as soon as you can if you get injured by suffering a slip-and-fall accident. Many firms within Ontario specialize in personal injury claims, so you must find one you can trust.
Boland Romaine LLP, Personal Injury Lawyers, have provided expert support and legal representation for clients across Ontario for 40 years, helping clients who have suffered personal injuries sustained in slip-and-fall accidents.
Based on the ruling in Johnson v Levin, Boland Romaine LLP can help you ascertain whether you have a case for compensation if sustaining a slip-and-fall injury and pursue the case through to completion.
So, if you or someone you know has been involved in a slip-and-fall accident, contact Boland Romaine LLP today to find out how we can assist.
