Falls are the leading cause of injury related hospitalizations in Canada with 20-30% of seniors experiencing one or more falls each year. These falls can lead to a variety of injuries including chronic pain and reduced mobility. Even worse, these injuries can lead to reduced mobility and a loss of independence.
Only half the falls that cause hospitalization occur at home. The other half can happen anywhere including locations we frequently visit such as grocery stores, parking lots, or sidewalks.
An occupier is responsible for keeping you reasonably safe while on their property. In BC, the Occupiers Liability Act (OLA) sets out the standard of care that a landowner is required to show any person who comes on their property with regards to hazards a person may face due to the state of the property or anything the landowner or manager did or did not do which they are responsible for.
While proving that an occupier is responsible for your fall can pose various challenges, there are certain steps that you can take that will help in case your injuries prove to be more problematic.
What to do after a slip/trip and fall?
Depending on how severe the injuries you sustain in a fall, you may or may not be able to complete all these steps in order or at all. Your priority should always be to tend to your injuries and make sure those are properly addressed before attempting to do anything. If you are unable to complete these steps yourself due to physical limitations, ask someone for help in completing these critical steps.
1. Document the Scene
In most slip/trip and fall cases we see, people either slip on a slippery/wet surface on a property or trip on uneven surfaces. It is important to document the location where the fall occurred as often the cause can and will be repaired or cleaned up following a fall. Taking photos or videos of the cause of the fall and the surrounding area can help preserve evidence in cases where adjustments are made by property owners to cover up their mistake. You should also make detailed notes for yourself including the time and location of the fall, details of how you fell, any injuries to yourself, and any damages to your property including cellphone, clothes, or glasses.
2. Talk to Witnesses
While your own testimony is critical to how the fall occurred, you should see if there was anyone around who witnessed your fall. While it can be intimidating or embarrassing to ask people for help at times, getting someone’s name, contact, and brief description of what they saw written down can be critical evidence down the line in case there is any doubt to the fall happening the way you say it did.
3. Report the Fall
For falls that occur inside or around a business, you should look for the property owner or someone in charge of the premises to tell them what happened so they can address any ongoing hazard. It is always helpful if you get their name and contact information for your records. Businesses at times will have you fill out an incident report for their records and investigation. Ask for a copy of the report before you leave or ask to take a photo of it for your records.
For falls that occur on public property, such as on a sidewalk, you need to report the incident to the municipality within 2 months.
4. Get medical help
You should seek medical attention as soon as you can following a fall, even if you feel like your injuries may not be so bad. Depending on the severity of your injuries, you can go to your family doctor, a walk-in clinic, or the hospital. The medical practitioner that sees you will document your injuries and recommended treatment. You should follow up with your doctors and any other medical provider they refer you to such as a massage therapist, acupuncturist, or physiotherapist.
5. Keep Track of Expenses
As a result of your injuries, you may have out of pocket expenses related to your treatment. Costs can include things like paying for your different medical providers, over the counter medication, or care items like ice/heat packs, massage guns, or exercise bands. You should keep copies of all invoices or receipts for these out-of-pocket expenses. These will show the steps you took to try and get better, and help you reclaim those fall-related costs.
6. Keep Your Footwear
While occupiers have a duty of care, the standard they are held to in law is not one of perfection. There are a variety of steps they need to take to ensure the property is safe for you to access, but you must also take reasonable steps to ensure you are being safe. One of those steps is wearing appropriate footwear for the location. For example, if you are wearing stilettos out after a snowfall and freezing temperatures, it is likely that you are going to be help at least partially responsible when you fall.
Occupiers will want to know what kind of shoes you were wearing at the time of the fall. It is important that you preserve those shoes and not throw them away following a fall.
7. Keep a Journal
It can take months or even years to for a case to complete following a fall injury. One reason for this is that you want to make sure that your injuries are properly diagnosed and treated. Allowing for some time to pass can provide a better picture on any potential long-term effects of your injuries.
It can be difficult to remember what happened and when it happened months or years after a fall. Keeping a daily written journal following your fall will help show how your injuries are progressing, treatment you are undertaking, and the impact on your day-to-day activities.
Conclusion
Dealing with the aftermath of a slip and fall can be overwhelming, especially when injuries disrupt your life. However, by taking the appropriate steps outlined above, you can help protect your rights and gather the necessary evidence to build a strong case. Whether the fall occurred at a business, on public property, or elsewhere, proving negligence can be challenging, but thorough documentation and attention to detail are key. If you’ve been injured due to a fall, it’s important to seek legal guidance and contact our personal injury team today to understand your options and learn more about how we can help.
