I get a lot of calls from people who have had a slip or fall and suffered a hand or leg injury. One of the first things that I will ask them is whether they have any photos of the scene. Even if you are not able to get photos of the scene at the time of the slip/fall, photos taken by a friend or family member shortly after the event are still very helpful. If you do not have a camera with you, try to ask a witness to take pictures for you.

Often the reason for the slip/fall is the accumulation of snow and/or ice. If your claim goes to a trial, it is obviously beneficial to be able to show the judge the state of the location where the slip/fall occurred.

Be sure to take lots of pictures from many different angles and even shots with items for size comparison (even a ruler). You can never have too many pictures! Likewise, if you have bruising or cuts/scrapes as a result of your slip/fall, take pictures so you can show the extent of the injury later.

It is the duty of all owners of property to keep their premises safe for visitors. It is much more difficult to prove that the owner of the property where the slip/fall occurred failed to live up to the requirements of the Occupiers’ Liability Act (below) if there are no photos taken of the scene of the slip/fall.

Duty of care to visitors

5 An occupier of premises owes a duty to every visitor on the occupier’s premises to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which the visitor is invited or permitted by the occupier to be there or is permitted by law to be there.