How to Gather Evidence for a Slip and Fall on Ice Lawsuit

Slip and falls on ice are among the leading cause of injuries and emergency room visits every year in Niagara Falls. The municipality reports over 18,400 ER visits and 2,290 hospital admissions due to falls annually.

Under Ontario’s Occupiers’ Liability Act, property owners are legally required to keep their property safe from ice. If you suffer a slip and fall on ice because the property wasn’t safe, you may be entitled to compensation. However, succeeding in a slip and fall claim requires presenting a strong case. In this guide, we will walk you through what evidence you need to collect, and , how to do it

Take Photos and Videos of the Scene of the Slip and Fall on Ice

One of the most important things to do after a slip and fall on ice is to document the scene immediately. Photos and videos are often the strongest forms of evidence in these cases. They verify your narration of the events and insurance companies can’t dispute them easily.

Here’s what you should capture:

– The icy surface itself – Get close-up shots and wider angles of the scene. Try to show how thick, slippery, and uneven the ice was.

– The weather conditions – Was it snowing? Was there melting snow? Was there slush pooling? This can show the property wasn’t properly maintained for current conditions.

– Signs of neglect – Was there no salt or sand spread? Were there no caution signs installed? Capture all of that. If there’s a salt bin on site, show whether it’s full or empty.

– Your footwear – Take clear shots of the shoes or boots you were wearing at the time of the slip and fall on ice.

Essentially, you’re building a comprehensive picture that you took reasonable precautions for the conditions, but it was the unsafe surface and negligent failure to de-ice that caused the accident.

Try to take photos and videos immediately after your fall if you’re able. If not, ask someone else to document the scene, but ask them to do so before the scene is altered.

Here’s a top tip: Make sure your photos and videos are time-stamped. If possible, use a smartphone or camera that automatically timestamps the photo or video. Most can do this, though you may need to enable it in the settings.

Get Witness Information for the Slip and Fall on Ice

Under Ontario’s Occupiers’ Liability Act, the burden is on the plaintiff to prove the owner was negligent in preventing the slip and fall on ice. Witnesses help you satisfy that burden of proof.

Property owners and insurance companies often deny that any hazard existed. They will attempt to show you took insufficient care given the conditions–such as inappropriate footwear or behavior–that led to the accident (they are trying to create contributory negligence).

That’s where independent witnesses can make all the difference. An unbiased third party who saw what happened can help confirm:

• That you slipped on ice, not because of your own carelessness.
• That the area was unsafe.
• How the accident transpired.

Make sure you ask for their full name, phone number or email address, and a short description of what they saw. This will allow your personal injury lawyer in Niagara Falls to reach out to them quickly and validate their credibility as a powerful witness.

Report the Fall Immediately

One of the biggest mistakes people make after a slip and fall on ice is not reporting the fall. If you don’t report it right away, you may harm your chances of receiving compensation.

Reporting the fall creates a paper trail. Depending on where it occurred, here’s who you should report the fall to:

• Private property (such a store, restaurant, or apartment complex): Speak to the manager, superintendent, or whoever’s in charge.
• Commercial parking lot or plaza: Look for signage that names the property management company and report it to them in writing.
• Public sidewalks or municipal areas: Report it to the City of Niagara Falls fast. You are required to provide written notice to the municipality within 10 days of the incident, as per Ontario’s Municipal Act, 2001.

Regardless of who you report the accident to, ask for an incident report to be completed. Be clear, factual, and consistent, ensuring the time, location, and a short description of what happened are present. You should receive a copy for your records, and make sure you note the name of the person you spoke to.

Document Your Injuries

Getting medical attention immediately is vitally important not only for your health, but your claim as well. From the moment you’re injured, everything you record with regards to your injuries can strengthen your case.

First, even if you think you’ll “shake it off”, don’t! A delay in treatment can raise red flags with insurers, who will try to argue that your injuries weren’t serious or weren’t even caused by the fall.

Visit a doctor or go to the hospital as soon as you can. Be clear about what happened: tell them that you suffered a slip and fall on ice. Describe your symptoms in detail, and ask the doctor to document everything in your records, including:

• The cause of the injury
• The specific injuries diagnosed
• Any recommended treatment plan
• Your expected recovery timeline

These records become a formal part of your injury claim. Courts and insurers rely heavily on medical evidence to assess credibility and damages.

In addition to medical records, you should also document your injuries and recovery yourself. Take pictures of all visible injuries throughout your recovery (don’t stop after day one). Moreover, keep a daily recovery journal that tracks your pain levels each day, your ability to move, walk, sleep, and work, the emotional toll the injury’s taken, and how it has disrupted your normal routine.

There’s No Time to Lose After a Slip and Fall on Ice

Reach out to an experienced personal injury lawyer in Niagara Falls immediately after a slip and fall on ice. The sooner you reach out to us, the sooner we can start gathering evidence, and the sooner you can begin your claim for compensation.

Book a consultation to discuss your accident with our team.