This will RUIN your Slip and Fall Case in Canada

In this informative video, Jeffrey Preszler outlines essential steps to effectively prove a slip and fall claim in Canada. He emphasizes the importance of documenting the scene immediately after the incident, including taking photos of hazards and gathering witness information. Properly reporting the incident and filling out incident report forms are crucial for establishing a record. Preszler also advises on the significance of consistent communication regarding injuries to medical professionals and the need to comply with notice and limitation periods. He warns against engaging with insurance adjusters without legal representation, stressing the importance of protecting your rights throughout the claims process. For further assistance, contact “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's 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 there were no hazard or pylon signs, or if there was a hole in the ground without any paint around it, these details are significant. Things that you would think are important in a photo, such as mats, are also relevant. If there are no mats in the area where you fell but there are plenty everywhere else, that can be critical evidence.

If you fell on a puddle of water or a hole in the ground, it's 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, placing your shoe beside the puddle or taking photos from further back to capture the context of the hazard is extremely important.

When it comes to holes in the ground, potholes, or differentials in height that led to a trip and fall, it is essential to document the depth or the differential in height. The law states that what is considered a hazard depends 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.

After you've done these basic things, such as taking photos and measurements to show the context of the area, it's also important 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," and that's great. However, when you need Peter's help later, he may be long gone. Therefore, you need to ensure that you get their contact information, which includes their full name, address, and telephone number.

Why do you need their address? Because often their telephone number may change, and you may no longer be able to track them down. You might 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. This includes their email address, telephone number, and address. If they are willing, you could even take a picture of their identification, such as their driver's license, which would be 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 present, and you should get their names too. They may be less helpful and may not give out their full names or telephone numbers, but even if you only get their first name, badge number, and role, all that information can be determined later through the litigation process.

You also want to report the incident if you can. Why is this important? It's simple: you don't want them to deny that the incident 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, do not sign it. If it's accurate, it's okay to sign, but accuracy is crucial.

When lawyers look at things, they see them differently than laypeople. For instance, in an 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. You want to specify the actual cause and the 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.

While private residences, like someone's home, may not have incident report forms, apartment buildings and condo buildings often have security fill out incident report forms. Make sure there are notations and that they are aware that you were involved in this fall, so they can't deny it later. Filling out incident report forms and giving notice serves other purposes as well, such as ensuring that they preserve the CCTV or video surveillance that often exists 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're immobile and can't leave, call an ambulance. When the ambulance arrives, make sure you tell them what you should tell everyone else: why you fell. For example, "I fell because I slipped on a puddle of water." Make sure to specify what you injured, whether it's your knee, back, head, or another part of your body.

The ambulance call attendants will write all this down, and just like my advice regarding incident report forms, it's the same principle. 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, a hole in the ground, or another specific hazard. Confirm with them that you injured a particular part of your body.

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

After the ambulance call attendant takes you to the hospital, make sure that when you are in the emergency room or with the nurse treating you, you tell them the same story you told everyone else: that you fell because of a puddle of water and 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 a consistent theme and documented evidence throughout your claim that you fell because of water and injured your knee.

Additionally, make sure to inform the medical practitioners about all the problems you have. Yes, your knee might be your worst injury, but what about your wrists? What about the fact that you now have headaches? What about the fact that your neck is sore?

Do not overlook what you've perceived as 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 primary focus. Everybody was focused on the broken ankle. Why? Because the bone is almost sticking out of the skin, it's drastically deformed, and you're in horrendous pain. 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 is on your ankle, for good reason; it's going to need surgery. But when you omit your shoulder or your neck, now, three to six months down the road, while your ankle, despite being operated on, is still in the process of healing, your shoulder is killing you, and you can't lift up your arm. Chances are you've torn your shoulder, but it's never been mentioned. It's never mentioned because everybody, including yourself, was focused on your ankle.

So, what does that 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 just mysteriously appears." Therefore, you have to make sure that you document everything. I use the term "don't suffer in silence." What does that mean? It means you have to complain; you have to disclose everything that's bothering you. A lot of people say, "I'm not the type of person that likes complaining." That's fine; I respect you if you're that type of person. But when you're dealing with insurance companies and litigation, they're going to throw all that in your face. They'll tell you, "Why do you look to us for compensation 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 depressed after the fact, that your back is hurting, your knees are hurting, your ankle is hurting—whatever it is, make sure that it's properly documented. Often, your doctor is also going to 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, or to get an x-ray, or to go to this specialist, you better make sure that you go. It's very important to follow your health practitioner's advice, and it can further support your claim as well.

So, if they refer you to physiotherapy, go to the physiotherapist and again confirm the same thing that I've told you earlier: "I slipped and fell because of water or a puddle of water. I injured not only my ankle, but I also hurt my shoulder, my wrist, and my 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's consistent throughout your claim, making sure that each clinician that 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 to you the importance of complying with notice periods. Notice periods are not something that you want to screw around with. Fortunately, for most claims involving private property, no notice is actually required to be given. However, for claims involving snow and ice, you have 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 what's called an insurance adjuster or a representative of the large commercial entity that you are at. They will be very friendly with you and will be awfully concerned about your well-being. They will encourage you to give a statement, to meet with them in writing, and to sign all these release forms to give them 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/or the entities that they represent. They do not care about you; their duties are to make sure that their client's best interests are looked after, and their client's best interests are opposed to your best interests.

So, you never want to give these people a statement; you never want to meet with them, and I frankly never, ever permit 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 and/or cross-examine my client, am I going to be able to meet with your manager or 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 interview their clients?" Well, they know why. It's the same reason why I would never allow my clients to give statements.

But yet, I still hear from many, 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 a statement. There will be a time when you give a statement; it's called examinations for discovery. Examinations for discovery are a part of the litigation process where you'll have to give formal evidence, and you will be asked a lot of questions by the representative of the insurance company or the entity in which the litigation has ensued. They are going to ask you all kinds of questions. For all those people that gave a statement three years ago, or two years ago, or whenever they did with this insurance adjuster, don't think for a second that if anything you say is different two years later or three years later, you're now lying. At least that's how the insurance companies will try to paint you.

So, you don't want to ever give statements because it is an opportunity to undermine your credibility or to suggest that there are inconsistencies in your story. They'll suggest that that statement referred to things like, "Oh, well, you didn't mention your shoulder; you didn't mention your neck; you only focused on your ankle." The answer generally is, "Oh, well, he didn't ask me about anything else." And I'll say, "Well, you signed the statement; you could have added stuff in, couldn't you have?" But in those circumstances, you didn't know what you were doing. You just figured that this guy was genuine and that he actually wanted to make sure that your well-being was being looked after. Well, wrong guess again; now it's going to come back to hurt you.

So, you're always better to err on the side of caution. Don't speak to anybody that represents either 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, that you're in the process of hiring a lawyer, and that lawyer will provide all the information that they need to answer the questions that they have if that lawyer deems it appropriate.

So, it's very simple. The process is 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 simply tell them that you don't feel comfortable. Be polite; you have nothing to hide. You're the victim; 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 give them the answers that they need.

Now, how do you want to finish this up? I can tie it into the limitation periods. At this point in time, you're either one of two people: you're either the kind of person that 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 that 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, I hear it all the time. Most people that call me say, "Jeff, I'm not the type of guy or person to litigate. I'm not one of those people." I want to speak directly to those individuals. You only get one kick at the can in Ontario or in Canada, and there are very strict notice and limitation periods that must be complied with.

If you miss those notice or limitation periods and you don't get better—while we all hope you're going to recover and that you won't have long-lasting problems—if you're one of those people who thinks this isn't a big deal and that your problems are going to go away, I have a news flash for you: you have to 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 find that you can't do your job, guess what? I've had to be the bearer of bad news to many people, telling them they'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.