When people call after they have had a slip and fall, one of the first questions we ask them is whether or not they have photos of the accident scene. Taking photos right after you have fallen and been injured may not be your first thought! However, pictures of the slip and fall location are very valuable if your claim goes to trial. If you are unable to take the pictures yourself, request the assistance of witnesses or have a friend or family member revisit the scene as soon as possible to take the photos for you.
If your claim goes before a judge the visual images will assist the court in determining whether or not the property owner failed to provide a duty of care to their visitors as outlined in the Occupier’s Liability Act:
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.
Having pictures of the site of the slip and fall taken at the time of the incident can be the difference between success and failure at trial. It is not fatal to your claim if you don’t have pictures of the site of the slip and fall, but it will always be helpful if you do have pictures.