- within Employment and HR topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- with readers working within the Banking & Credit, Business & Consumer Services and Healthcare industries
Alright stop, collaborate and listen. Ottawa has been hit with significant freezing rain, and it is slippery out there. Hopefully, you and your families are able to keep the holidays going and remain nestled all snug in your beds. If you are not, which is likely, as many find themselves emerging from their holiday slumbers to return to work, hit the boxing week sales and/or replenish depleted pantries you need to be careful as it is slippery.
So, what happens if, despite your best efforts, you emerge from holiday bliss and find yourself the subject of an unexpected slip and fall on the ice? Here is a guide to help you:
1. First, stay calm and assess for injuries.
- If uninjured, slowly roll to your side, then hands & knees and move to a spot where you can safely rise.
- If injured or unable to get up, call for help
- If you can access your phone, call 911.
- If you are with others, ask a specific person to call 911 on your behalf.
- If you are alone and cannot access your phone or don't have a phone with you, call out for help.
2. Protect your position in future litigation by:
- Mentally noting and later recording what caused you to fall.
- For instance, was the ground icy?
- If the ground was icy, had salt or sand been applied?
- Was the ice hidden by a layer of snow?
- Was the ice caused by obvious runoff or pooling of water.
- Taking pictures.
If you or a person you were with are able to take pictures of the location of your fall, photos often provide strong support for a future legal claim. Some tips for taking effective pictures of the scene include:
- Take pictures of the immediate area in which you fell as well as the general area showing the surrounding conditions.
- Take many pictures, the more pictures you have, the better the scene will be captured.
3. Obtain appropriate treatment for your injuries. Tip, if you are unsure about whether to go to the hospital and/or the doctor, you should go. It is always a better and safer choice to consult a medical professional when you have suffered an injury.
4. Once you have determined the extent of your injuries and sought out appropriate assistance, it is time to determine if you should move on from your fall or if litigation may be necessary to compensate you for your injuries.
- Determining whether litigation is appropriate is a difficult step and often requires professional assistance. Significantly, there are strict timelines for putting a City or Municipality on Notice. For instance, In Ontario, if you slip on ice on a city sidewalk or municipal area you have just 10 days to provide written notice of your claim.1
- If you are now considering litigation and your fall was more than 10 days ago, it is important to contact a lawyer as soon as possible as there are ways around the 10 day notice period, however, an exploration of these exceptions as they apply to your fall will require professional assistance.
Footnote
1 Municipal Act, 2001, S.O. 2001, c. 25 | ontario.ca s. 44 (10)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
