Slip and fall, or trip and fall cases, occur as a result of a person falling and injuring himself/herself as a result of property not being kept in a reasonably safe condition.
Slip and fall cases in Manitoba
In Manitoba, under The Occupiers’ Liability Act, owners, or “occupiers” that have control of a property have a responsibility to ensure that property is properly maintained.
Slip and Fall Injuries – Who’s Responsible?
Owners/occupiers owe a duty to people on the property to take care to ensure that the person will be reasonably safe while on the property.
If the injury occurs on city, municipal, or government-owned property, special time limits apply in which notice of the incident must be given. If you are injured in a fall, contact a Winnipeg lawyer as soon as possible after the incident to ensure your rights are preserved.
What to do if you are injured in a slip and fall
If you are injured in a slip-and-fall or trip-and-fall accident, here are some suggestions for what you can do before contacting Pollock & Company to discuss your claim:
1. Identify clearly the exact location of the accident, including the street address and location where you slipped and fell. Be specific. Make note of any signs, hazards, or warnings in the area.
2. Take photographs of the area where you slipped and fell. This should be completed as soon as possible after the accident, as hazardous conditions such as icy stairs or uneven surfaces are frequently remedied shortly thereafter. Take photographs from both close-range and distant perspectives, and do not hesitate to take multiple images. Photographs can go a long way toward proving liability against the owner or occupier.
3. If you contact the police, request a police report for the incident.
4. Identify any witnesses to the accident and, where possible, obtain their contact details and statements. Corroborative evidence of your accident can often assist in proving your case.
5. Get medical treatment immediately for your injuries. Any delay in obtaining medical treatment may affect your recovery and create doubt about the cause of your injuries. Retain receipts for all out-of-pocket medical costs, such as medications and mobility equipment, as these may be recoverable in your claim. Attend all follow-up appointments and follow medical advice.
6. Preserve the clothing and footwear worn at the time of the accident, as they may serve as evidence in assessing liability.
7. As soon as possible after your slip and fall injury, handwrite or type out in your own words exactly how the slip and fall accident occurred. Make notes of such matters as the date, the time of day, the weather (including temperature and precipitation), and how exactly you fell (due to snow, ice, spilled liquids, uneven surfaces, etc.). What was it exactly that caused you to fall? In your opinion, what did the owner or occupier do or fail to do that resulted in your injuries? Even the best memories fade over time, so it is helpful to be able to refer to your statement written at the time of the accident.
8. If asked by the owner or occupier to sign any documents, consult a lawyer beforehand if you are unsure of their purpose or implications. Do not sign a release without first obtaining legal advice, as the release may be used as a complete defense against any claim you might wish to make for compensation for your injuries.
9. Keep track of the hospitals and physicians you attend for treatment for your injuries, as medical records will be needed for the Court to assess the amount of money you may be awarded.
10. If you have insurance for disability or other benefits, contact your insurance company right away to inform them of your accident and injuries.
11. Notify the owner or occupier immediately of a potential claim, especially if the slip and fall or trip and fall accident occurred on a sidewalk or other municipally owned property. In such cases, notice of a claim must be provided within a few days after the accident. Act immediately.
A slip-and-fall accident can result in permanent and life-altering injuries. Contact a lawyer at Pollock & Company for an initial consultation to assess your potential claim.
