Actions to Avoid After a Toronto Slip and Fall Accident
Toronto slip and fall cases are wide ranging and the circumstances are going to be different in every case. Slip and fall accidents can occur on a city sidewalk, in a grocery store, in an apartment building, inside or outside of a business, or anywhere a hazard has caused somebody to slip or trip and fall. In terms of specific causes, it could be spilled water, an accumulation of ice or snow, holes in the ground, surface irregularities on pavement, uneven ground, potholes, trip ledges, or any number of other things.
There are many things to keep in consideration after an accident has occurred, and there are many mistakes that can end up hurting your claim. The best way to avoid these common mistakes is with the help of a Toronto slip and fall lawyer.
Not Reporting an Accident
The most serious mistake that should be avoided in a Toronto slip and fall case is missing the limitation period. Any person who wishes to pursue damages as a result of a slip and fall must issue a Statement of Claim within 2 years of the date of an accident.
Another common mistake made is that after someone has slipped or tripped and fallen, most people, typically tend to be embarrassed and leave the scene quickly even with severe injuries. These individuals often fail to investigate or observe what made them fall down. Knowing what caused a fall is a very important aspect to a slip and fall case.
Someone cannot say that another is at fault for their injuries if they cannot say what they did wrong. Reporting the accident is also important as Toronto attorneys will often hear from the at fault party that they had no knowledge of the fall and therefore deny that it occurred on their property. In some circumstances, reporting the accident is not always possible, but in most situations, like where a person falls in a grocery store or in an apartment complex, there is usually someone to report the accident to.
Failing to Preserve Evidence
Another mistake to avoid in Toronto slip and fall cases is a failure to preserve evidence. The footwear that a person is wearing at the time of the accident can in many cases become important. Insurance companies like to blame slip and falls not on the ice or snow that was present, but rather inappropriate footwear. A failure to preserve the footwear that a person had on at the time of the accident can cause problems down the road.
In a similar vein, failing to obtain witnesses contact information, which will help when overlooking evidence in a case is also a big mistake.
Recognizing Notice Provisions
One serious mistake in a slip and fall case in Toronto is not recognizing specific notice requirements. Depending on where a person has had this accident, there may be different notice requirements. For example, if a person falls on a city sidewalk or highway, there is a very specific notice period that a person has to comply with. In those circumstances, a person needs to place the city or the municipality on notice in writing by registered mail within 10 days of that accident occurring.
In contrast, if you fall on private property, there is generally no notice provision. Where it gets complicated is that there are notice requirements for some private properties, primarily if it is owned by the Crown.
People also are usually not aware that in cases where a person is injured in a slip and fall accident and they obtain medical treatment, that OHIP has a subrogated claim. OHIP can recover its costs for health care undertaken by the injured person. OHIP keeps track of any hospital attendances related to the accident and the law requires that their interest be advanced with the expectation that OHIP will be paid back at the time of settlement. It is important to understand all of these aspects of an accident when creating a case after a Toronto slip and fall accident.