Living in Canada many of us learn to deal with the various elements that our four seasons bring. From snow and ice in the winter to street repairs and pot holes in the summer, there are various hazards that cause slips and falls. Very often these incidents of slips and falls can cause serious injury and life changing damages. Usually, the only help available to victims of these slips and falls is legal action and settlements.

There are many steps that we can take to help prevent slips and falls or injuries resulting from the fall. These steps include, wearing the proper footwear, not being distracted by the cell phone or other electronic devices, not carrying too many objects in our hands so we can brace for a fall and walking in areas such as sidewalks that are expected to be safe. Unfortunately, these precautions are often not enough to stop slips and falls from happening. Negligence on the part or public or private property owners are often the cause for slips and falls and the damages that result from these incidents.

There can be various causes of a slip and fall, a person could slip on ice, trip over uneven pavement or slip on a wet floor. Regardless of the cause of the fall, the reason many people do not receive any compensation is because they do not act properly to protect their rights. It may be necessary to notify the city within 10 days of your fall if you fall on city property. The sooner the area can be inspected the easier it will be to determine who is at fault for a slip and fall. Also, if you fall on private property there maybe video surveillance of your slip and fall and if the property owner is properly notified then they have a duty not to erase or destroy that video.

If you are a person who is injured in a slip and fall it is important that you take certain steps to protect your rights. Attempt to remember (and take notes if possible) of what you were doing when you fell. Recall where you were coming from and where you were going. Keep the clothing and footwear you were wearing at the time of the fall. Mark the address of where you fell and see if there are any substances on the ground or anything strange with the area you were walking on. If anyone assists you or takes a report at the scene of the slip and fall, make sure you get their full name and contact information if possible. Take pictures or have a friend take pictures of the area where you fell as soon as possible after the slip and fall. Go to the hospital or see your family doctor as quickly as possible so a medical professional can monitor any injury you may have suffered or pain that may develop in the following days.

These small steps can go a long way in helping you receive compensation for your injury after a slip and fall. Taking the necessary precautions is sometimes not enough to prevent a serious injury. If you are a victim of a slip and fall then remember to take as much information as possible or ask a friend or family member to do it for you. Following these simple steps will help you receive financial compensation for pain and suffering, medical expenses and other damages.

What to do if you are involved in a slip/trip and fall.

Most of us have the ability of walk with a perfect gait without any obstructions.  However, as it sometimes occurs, as we are going to work or out for an evening stroll a protruding edge of a sidewalk slab or an invisible layer of ice will disrupt and change our course directly to the pavement.  As is most often the case, we are immediately overwhelmed at what has just transpired and less often this fall or trip leads to an injury (hopefully only minor).

It is important to note that in many times in these sort of circumstances, you have legal rights, whereby you can claim for pain and suffering and other economic damages if you prove that owner or occupier of the property where you fell was negligent in maintaining the property. 

However, unlike injuries arising from motor vehicle accidents, a claim against such an owner or occupier will not provide you with immediate funds to medically treat your injuries or pay your salary if you are off work due to your injuries.  These expenses will have to be paid by you and can only be reimbursed if you are successful in a claim or action against the owner / occupier.

If you are ever involved in such an unfortunate incident, I urge you to canvass whether you have any private medical coverage through your employment, spouse, parent etc. as this form of insurance may provide certain funds to cover the cost of rehabilitation.

We also urge you to contact us as soon as possible as there may be different limitation periods that apply to your case.  Some of these may be as short as 7 days to put the owner or occupier on notice of your fall.

THINGS TO DO IF YOU HAD A SLIP/TRIP AND FALL ACCIDENT

• seek immediate medical attention
• go back to the scene of the fall if you are able or with the assistance of another and (a)  take pictures of the place where you fell showing landmarks, (b) take pictures of what caused you to fall ( for example. ice, snow, sidewalk etc)
• check whether you have any private insurance to cover the cost of rehabilitation
• contact us as soon as possible as depending on where you fell and who owns and occupies that property, you may have as little as 7 days from the time you fell to out that owner or occupier on notice of your fall

Occupiers' responsibilities are laid out in various occupiers' liability legislation adopted by most Canadian provinces. In addition, case law has developed through judicial decisions that further define their responsibility as an owner or occupier of the premises.

Under law, occupiers owe to their visitors a duty to take care "that is reasonable in the circumstances" to ensure that visitors are reasonably safe while on the premises. In other words, for owners and occupiers, there is a real responsibility to take active precautions to keep the premises safe for visitors.

Listed below are the factors considered in the court findings.

Occupiers have been found liable when:

• There was an unsafe condition on the premises
• It was reasonably foreseeable that an injury could occur
• The occupier did not have documented inspection and maintenance procedures in place
• The accident could have been avoided if the occupier had taken some reasonable precautions
• There were insufficient staff or employees were inadequately trained to carry out inspection and appropriate clean-up or repair
• There was awareness of a hazard or unsafe condition but a failure to take prompt action to conduct a repair or clean-up
• In combination with undocumented or ineffective procedures, there was an absence of warning signs.

Why you may need Cariati Personal injury Lawyers when it comes to making a legal claim for Slip and Fall / Occupier's Liability. The occupiers insurance companies' adjusters and lawyers may dispute your claim and to be successful in a claim and legal action, the injured person must prove:

• The exact location of the fall;
• That the defendant (person being sued) was an occupier of the location;
• That the location was not reasonably safe due to some hazard or defect;
• That the hazard caused them to fall and sustain injury;
• That the injury caused the damages claimed.

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