How to PROVE and WIN your Slip and Fall Case in Ontario, Canada

In this informative video, viewers learn essential steps to effectively prove a slip and fall claim. The importance of documenting the scene immediately after the incident is emphasized, including taking photos of hazards and gathering witness information. Viewers are advised to report the incident to create a record, which can help counter potential defenses from property owners. Additionally, the video stresses the need for thorough communication with healthcare providers about all injuries sustained, ensuring proper documentation for future claims. Lastly, it highlights the significance of adhering to notice and limitation periods in Ontario, encouraging individuals to seek legal assistance if needed. For more guidance, viewers are invited to connect with “Preszler Injury Lawyers” at “1-800-JUSTICE”.

How to Prove Your Slip and Fall Claim

It goes without saying that in today's day and age, where we have access to all these mobile devices like iPhones, the starting point is always to take a picture of what caused you to fall. Now, that's easier said than done when you're on the ground in agony, but if you can, you should always take pictures of what caused you to fall.

It's important to take pictures of what caused you to fall because conditions can change very quickly in Ontario or Canada. If your claim involves snow and ice, for example, snow and ice can melt. If your claim involves slipping in a mall or grocery store on water, employees can come up and mop it up quickly. Therefore, it is crucial to take photos to clearly document what the hazard was.

However, it’s not only important to take photos of what you saw; it's also important to take photos of what you didn’t see. Frankly, what you didn’t see is just as important as what you did see. For instance, if you didn’t see any hazard or pylon signs, or warning signs, or if there was a hole in the ground without any paint around it, these details are significant. If there are mats everywhere else but not in the area where you fell, that’s also important to document.

If you fell on a puddle of water or a hole in the ground, it is also important to document the size. In many circumstances, this doesn’t mean you have to take a picture with a ruler, although that is preferable. You can take photos in a manner that shows the context of the size of the puddle. For example, you could place your shoe beside the puddle or take photos from further back to capture the context of the hazard.

When it comes to holes in the ground, potholes, or differentials in height that led to a trip and fall, it is important to document the depth or the differential in height. The law states that what is considered a hazard can depend on the circumstances of each case, but a general good rule is to ensure that the hazard is at least three-quarters of an inch or more. The greater the differential, the more of a hazard it is, in my opinion.

After you have completed these basic steps, such as taking photos and measurements, it is also crucial to get the names, identities, and contact information of witnesses. Many people only get names, and in the heat of the moment, when you’re hurt and on the ground, you might speak to someone who says, “Oh, my name is Peter.” That’s great, but when you need Peter’s help later, he may be long gone. Therefore, you must ensure that you get their contact information, which means their full name, address, and telephone number.

Why do you need their address? Why do you need their full name? Because often their telephone number may change, and you may no longer be able to track them down. You may only speak to these people two months, three months, or six months later, so you need to gather as much information from them as possible. If they are willing, ask them to show you their ID so you can take a picture of their identification. Many people will allow you to take a photo of their driver’s license, which can be very helpful.

Identifying witnesses is super important, but it’s not only witnesses that may be helpful to you. There may also be employees or even a manager whose names you should get as well. They may be less helpful and might not give out their full names or telephone numbers, but even if you only get their first name, their badge number, and their role, all that information can be determined later through the litigation process.

You also want to report the incident if you can. Why do you want to report the incident? It’s simple: you don’t want them to deny that it even happened on their property, which is one of their first defenses. Their first defense is often, “How do we know this even happened on our property? We have no record of it.” By reporting it, you create a record.

Reporting the incident is different from the notice requirement, although it can serve as a form of notice and may even be sufficient in many cases. However, it is no substitute for giving formal notice in accordance with the law or the actual statute that specifies how you must give notice. Reporting the incident typically involves completing an incident report form. Many large grocers, malls, and commercial entities, even small ones, have incident report forms. Fill them out and provide your information.

Often, they won’t let you do the writing, so if someone else, like the store manager, is filling it out, make sure that it’s accurate. If it’s inaccurate, don’t sign it. If it’s accurate, it’s okay to sign, but accuracy is key. When lawyers look at things, they see them differently than laypeople do.

On the incident report form, you don’t want to just specify that you fell; you want to specify that you fell on a large puddle of water, that you fell on an oily substance, or that you fell because there was a large pothole or a deep pothole. You want to specify the actual cause and hazard of your fall, and you want to do that contemporaneously or soon after the fall. Even if you fell on one day, it’s okay to go back to the store, commercial organization, or private residence and report it.

Of course, private residences, like someone’s home, won’t have incident report forms, but apartment buildings and condo buildings often have security that can fill out an incident report form. Make sure that there are notations and that they are aware that you were involved in this fall so they can’t deny it later. Filling out an incident report form and giving them notice serves other purposes as well, such as ensuring that they preserve the CCTV or video surveillance that may exist in many of these organizations. Most people know that everywhere you go now, there’s some sort of surveillance. Chances are that surveillance not only caught you falling but also shows the aftermath and may even show the hazard. These are all things that will help solidify your claim.

Before you leave the scene, make sure that you get all these things done. Document as much as you can regarding the circumstances of your claim. If you are immobile and cannot leave, call an ambulance. An ambulance will come directly to you. When the ambulance arrives, make sure you tell them what you should tell everybody else: why you fell. For example, “I fell because I slipped on a puddle of water.” Be specific about your injuries, such as, “I injured my knee, my back, my head,” or whatever it may be.

It is crucial because the ambulance call attendants write all this down. Just like my advice regarding incident report forms, the same principle applies here: don’t just tell them you fell, as that could be used against you later. Make sure you tell them you fell because of water, because of a hole in the ground, or because of another specific hazard. Confirm with them that you injured a certain part of your body.

You also want to document the footwear you were wearing. Often, it is suggested that the reason why you fell was not because of a hazard but because you were wearing inappropriate footwear, such as flip-flops, or because the soles of your shoes were worn out. You may have been wearing shoes in wintry conditions instead of boots. Insurance companies have a million excuses, so what can you do? Preserve your shoes, take photos of your shoes, take photos of your footwear, and take photos of the tread on your footwear. Additionally, take photos of yourself either at the scene or shortly thereafter.

After the ambulance call attendant comes and takes you to a hospital, make sure that when you are in the ER or with the nurse in triage, you tell them the same story you’ve told everyone else: that you fell because of a puddle of water and you injured your knee. Simply telling people that you fell is insufficient. There are many reasons why people fall, and it does not mean that someone else caused your fall. Therefore, we need to ensure that we have this consistent theme and documented evidence throughout your claim that you fell because of water and injured your knee.

Furthermore, make sure that you tell the medical practitioners about all the problems you have. Yes, your knee might be your worst injury, but what about your wrist? What about the fact that you now have headaches? What about the fact that your neck is sore? Do not overlook what you perceive to be the more minor or less significant issues. I have seen it countless times—too many times—where my client has broken their ankle, and they thought that was the only injury that mattered.

The primary focus of everyone involved was on the broken ankle. Why? Because the bone was almost sticking out of the skin, it was drastically deformed, and you were in horrendous pain. Everyone was focused on just the ankle, and for good reason; it was going to need surgery. However, what they didn't write down was that you landed on your shoulder, that you really hurt your neck, and that you smashed your head on the ground. So, all the focus was on your ankle, but now, three to six months down the road, while your ankle is still in the process of healing, your shoulder is killing you, and you can't lift your arm. Chances are, you've torn something in your shoulder, but it was never mentioned because everyone, including yourself, was focused on your ankle.

What does this mean in terms of your lawsuit or your claim? Well, now, lawyers like me will allege that your shoulder was also injured in this accident. The first thing that the insurance company and their lawyers will do is say, "Well, you didn't tell anybody about that. The first report of your shoulder is only six months after the accident. It has nothing to do with the accident; it wasn't caused by the accident." According to them, it just mysteriously appeared. Therefore, you must ensure that you document everything. I use the term "don't suffer in silence." What does that mean? It means you have to complain and disclose everything that is bothering you. A lot of people say, "I'm not the type of person who likes to complain." That's fine; I respect you if you're that type of person. However, when you're dealing with insurance companies and litigation, they will throw all of that in your face. They will tell you, "Why should we compensate you for your shoulder? The fact that you can't use your dominant right arm anymore is not our problem. That wasn't caused by the accident; you've never even complained about it."

So, when you go to the doctor, whoever it may be, make sure that your doctor is aware of all the problems: headaches, inability to sleep, even if you're feeling depressed after the fact, and that your back, knees, and ankles are hurting. Whatever it is, make sure that it is properly documented. Often, your doctor will also give you some advice. A lot of people don't follow their doctor's advice, which is very surprising. If your doctor tells you to go for treatment, get an X-ray, or see a specialist, you must make sure that you go. It is very important to follow your health practitioner's advice, and it can further support your claim as well.

If they refer you to physiotherapy, go to the physiotherapist. Again, confirm the same thing that I've told you earlier: "I slipped and fell because of a puddle of water. I injured not only my ankle but also my shoulder, wrist, and neck. I also now have these horrible headaches." Yes, I know I'm here to rehabilitate my severely broken ankle, but my shoulder is also killing me, and my headache is unbelievable. Continue to repeat the same thing so that it is consistent throughout your claim. Make sure that each clinician who sees you understands the full scope of the injuries that you are suffering.

After you've gone for treatment, you also have to comply with the notice provisions that I've discussed in a previous video. I've highlighted the importance of complying with notice periods. Notice periods are not something that you want to mess around with. Fortunately, for most claims involving private property, no notice is actually required. However, claims involving snow and ice require you to give notice within 60 days. Often, once you've given notice, you're going to receive a phone call out of the blue, and you know who that phone call is going to be from. It's going to be from an insurance adjuster or a representative of the large commercial entity you were at. They will be very friendly with you and will express concern for your well-being. They will encourage you to give a statement, meet with them in writing, and sign all these release forms to provide them with all kinds of information about you.

My advice to you is to want nothing to do with these people. They are not here to protect you; they are here to represent the insurance company and the entities that they represent. They do not care about you. Their duties are to ensure that their client's best interests are looked after, and their client's best interests are opposed to yours. Therefore, you never want to give these people a statement, and I frankly never allow it. In fact, I go even further, and it's common sense. In my entire practice, handling thousands of these claims, I've asked insurance adjusters countless times, "If you're going to interview my client or cross-examine my client, am I going to be able to meet with your manager, your stone owner, or your contractor?" I'm still waiting for them to say yes.

So, you have to ask yourself, "Why won't they allow me to? Why can't Preszler Injury Lawyers interview their clients?" They know why. It's the same reason I would never allow my clients to give statements. Yet, I still hear from many members of the public that, "Oh, I spoke to this lawyer or I spoke to this person, and I gave a statement." Unless you're required to give a statement by law, do not ever give one. There will be a time when you give a statement; it's called examinations for discovery. Examinations for discovery are part of the litigation process where you'll have to give formal evidence and will be asked many questions by the representative of the insurance company or the entity involved in the litigation.

For all those people who gave a statement two or three years ago, don't think for a second that if anything you say is different two or three years later, you won't be painted as a liar. At least that's how the insurance companies will try to portray you. You don't want to give statements because it's an opportunity to undermine your credibility or suggest inconsistencies in your story. They will suggest that your statement referred to things like, "Oh, you didn't mention your shoulder. You didn't mention your neck; you only focused on your ankle." The answer is generally, "Oh, well, he didn't ask me about anything else." They will say, "Well, you signed the statement; you could have added stuff in, couldn't you?" In those circumstances, you didn't know what you were doing; you just figured that this person was genuine and actually wanted to ensure your well-being. Well, wrong guess again. Now it's going to come back to hurt you.

So, you're always better off to err on the side of caution. Don't speak to anyone who represents the insurance company, the commercial entity, the private entity, or whatever the adverse party is. Stay away from them. Other than giving notice, it is never in your best interest to do so. When they call you, be polite. Advise them that you're not comfortable making a statement with them and that you're in the process of hiring a lawyer. That lawyer will provide all the information they need to answer their questions if that lawyer deems it appropriate.

It's very simple: either don't accept their calls, or if you do speak to them—because they can also come to your house and knock on your front door—just tell them that you don't feel comfortable. Be polite; you have nothing to hide. You're the victim, and you have nothing to say to them. You're in the process of either retaining a lawyer. Give the adjuster your lawyer's contact information, and your lawyer should reach out to them and provide the answers they need.

At this point in time, you're either one of two people: you're the kind of person who is deciding, "You know what? I've been profoundly affected by this fall, and I think it's time to hire a lawyer," or you're the other type of person who thinks, "Oh, I'm not the type that litigates, and I'm not going to do anything about it. I'm not interested in dealing with lawyers." Before we jump to my next video, which talks about the importance of complying with limitation periods, I want to remind all those people out there—because I hear it all the time—most people who call me say, "Jeff, I'm not the type of person to litigate. I'm not one of those people." I want to speak directly to those people: you only get one kick at the can in Ontario or in Canada, and there are very strict notice and limitation periods.

You have to comply with notice and limitation periods. If you miss those periods and you don't get better, we all hope you're going to recover, and we all hope that you're not going to have long-lasting problems. However, if you're one of those people who think that this isn't a big deal and that your problems are going to go away, I have a news flash for you: you must comply with limitation periods.

If you miss that limitation period, you may have no recourse at all. Even if, let's say, three years down the road, you suddenly can't do your job, well, guess what? I have had to be the bearer of bad news to many people, where I have to tell them, "You've missed the limitation period completely."

You knew that you had a problem. You knew that you suffered damages. You knew you weren't getting better. You knew who caused the injury, and you knew you could have sued, but you chose not to. Now, you have to sleep in the bed that you've made.

So, I encourage everybody to click on the link below, watch my videos, and I can help direct you through the process. Most importantly, at a bare minimum, educate yourself on what the process is going to be like and what you need to do to ensure that your rights are protected and that you don't compromise your situation.