Confused and in Need of Clarification?
We would like to provide you with some immediate answers to relieve the initial stress that the mountain of questions your difficult situation has generated.
The personal injury team at Himelfarb Proszanski has successfully handled thousands of slip and fall cases. Here we are sharing answers to some of the questions people approaching us on slip and fall cases are asking most frequently. There are recent amendments to the Occupiers’ Liability Act that can wipe out your claim if your fall is due to ice and/or snow. It is imperative to contact a lawyer immediately to determine what type of case you have and to meet any notice requirements.
Please do not hesitate to get in touch (via phone, live chat support, or contact form) if you need any more precision, if anything is not clear enough, or if you feel you need any additional assistance or legal advice.
> Click on each question to read our answers.
What should I do after I have slipped and fallen on someone else’s property?
The first thing you should do if you are injured is get medical care for your injuries, since the severity of injuries is not always clear. After getting proper medical care, determine what you slipped on. Was it water, ice, snow, oil, or something else? If the fall occurred on ice or snow, document if there was any salt or sand. Take pictures and get the contact information of any person that may have witnessed your accident. Record the names of anyone that can describe the conditions of the floor, lighting and other factors they may have contributed to your accident. If the slip occurred as a result of ice or snow, then there are notice requirements that must be met. If the slip occurred on City property like a sidewalk, then you must notify the City in writing advising of the fall, its location, date, and other salient details within 10 days. If you do not notify the City within 10 days, you lose your right to sue. If the slip occurred as a result of ice or snow on private property, like a parking lot at a strip mall, then recent amendments to the Occupiers’ Liability Act, require you to notify the occupier within 60 days of the fall. Failure to provide notice wipes out your ability to sue.
If you are injured while on the property of a business, the store manager or a security officer should create an incident report. Get a copy of the incident report but don’t sign it. Document the address of where you fell. If you slipped and fell within a business or home, obtain the owner’s name. Look for warning signs or devices and document their location in proximity to your fall. Keep your footwear and try not to wear those shoes again.
What should I do after I have tripped and fallen on private property?
The first thing you should do if you are injured is get medical care for your injuries, since the severity of injuries is not always known. After getting proper medical care, determine what you tripped on. Measure the height, width and/or depth of the trip hazard and take pictures of the object. Get the contact information of any person that may have witnessed your accident. Record the names of anyone that can describe the conditions of the ground, lighting and other factors they may have contributed to your accident. Your claim arises from the duty of property owners to keep people who come upon their property reasonably safe. This duty is codified in the Occupiers’ Liability Act.
If you are injured while on the property of a business, the store manager or security should create an incident report. Get a copy of the incident report but don’t sign it. Document the address of where you fell. If you tripped and fell within a business or home, obtain the owner’s name. Look for warning signs or devices and document their location in proximity to your fall. Keep your footwear and try not to wear those shoes again. If the slip occurred as a result of ice or snow on private property, like a parking lot at a strip mall, then recent amendments to the Occupiers’ Liability Act, require you to notify the occupier within 60 days of the fall. Failure to provide notice wipes out your ability to sue.
What should I do after I have slipped or tripped on a city sidewalk or highway?
The first thing you should do if you are injured is get medical care for your injuries since the severity of injuries is not always clear. Figure out what you slipped or tripped on. Was it water, ice, snow, a hole, a crack or a raised bump or ledge?
If your fall happened on ice or snow, document whether there was any salt or sand. Get the names, addresses and telephone numbers of any witnesses. Take pictures of what you slipped or tripped on as soon after the accident as possible. Write down the lighting conditions and the address of where you fell. It’s also important to keep your footwear and try not to wear them again.
Give notice to the City or Township clerk within 10 days by registered mail. In your notice letter, clearly explain the location of your fall, the cause of your fall, the date and time of your fall, as well as the injuries you suffered. If you do not provide written notice to the City within 10 days after your fall, then you will lose your right to sue the City for your damages. Therefore, it is extremely important to get a lawyer involved early after your fall to review the facts and determine any notice requirements that must be met.
I slipped and fell inside or outside a public transport vehicle, can I get any compensation?
If the public transport vehicle hits another vehicle or object, it’s treated as a motor vehicle accident. If you are injured and the public transport vehicle does not have an accident with any vehicle or object, it is not treated as a motor vehicle accident. This means that you can’t receive accident benefit compensation from the transit authority's insurance company. Instead, you can sue the transportation company that the driver works for to get compensation for your treatment and any losses you suffer, such as income replacement and housekeeping. You should contact a lawyer to review the fact situation to determine whether you have a viable case against the transit authority.
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Himelfarb Proszanski is a leading law firm with full service personal injury lawyers.We have been recognized by Best Lawyers and have the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. And finally, we’re the only firm to offer you the HIMPRO Advantage™.
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