People, especially those who are often outside, could find snow and ice to be a nuisance. During winters, most individuals will need to step outside at some time, and if the sidewalks and pathways are not de-iced, slip and fall incidents can happen. Finding a place that has been cleared of snow and ice in the depths of the winter in Ontario might be challenging.
If you are injured in a slip and fall accident, you may be entitled to damages. Since winter is approaching, our experienced Ontario personal injury lawyers at Mikhailitchenko Law are sharing some do’s and don’ts regarding slip and fall accidents in Ontario.
Slip and Fall Ontario Laws
In Ontario, the person owning or occupying a property is responsible for keeping the premises safe for anybody who may visit or pass by. If a property owner/occupier fails to exercise reasonable care for the safety of others, as outlined by the Occupiers’ Liability Act, and someone is hurt as a result of the dangerous circumstances, the owner/occupier may be held liable.
An ‘occupier’ of a property is someone who has control over it and how it is used, such as owners, tenants, or management of operations on the property. Also, if there are any temporary unsafe conditions on a property, such as places that are being repaired, they must be prominently marked so that visitors are appropriately alerted.
Some Do’s and Don’ts for Slip and Fall Accidents in Ontario
- Get medical assistance: Before doing anything else, you should seek treatment. Even if you don’t believe you’ve been gravely hurt, you should proceed with caution. This will not only help you spot underlying ailments and speed up your recovery, but it will also allow you to collect a confirmation of your injuries, which will be useful later.
- Report the occurrence: It’s critical to report the occurrence so that your slip and fall accident is documented. Ask to speak with the management, administrator, or landlord of the property where you were injured.
- Save the evidence: Take pictures of your injuries as well as the site of the accident. Keep a record of the time and location of the accident, as well as the shoes and clothing you wore that day. Also exchange contact details with any witnesses. If you engage with a slip and fall accident lawyer to submit a claim, these might be presented as evidence.
- Do not provide a statement to the insurance adjuster: If you don’t have a personal injury lawyer with you, don’t give an insurer a statement. The property owner’s insurance may request a statement from you. Without a lawyer to defend your rights and guarantee that you will not say anything that will compromise your case, providing a statement is a bad idea. When the “nice” insurance person calls to make a statement, it may seem like a good idea at first, but think again and consult a lawyer. You don’t want to ruin your case before it even begins.
- Do not ignore your injury or accident: You might think that if you fall, you should just get up and walk away. However, in some cases, you might not realize how serious your injuries are till the next day. As a result, it’s critical to take the steps outlined above and get medical assistance, report the occurrence, and contact a lawyer at Mikhailitchenko Law if you are injured in Ontario. You don’t want your immediate action to keep you from getting the compensation you deserve.
If you have any questions about slip and fall accidents or obligations and requirements, do not hesitate to contact us.