Signing a basic incident report after falling at a Markham business is standard procedure, but you should never sign a waiver or accept a settlement without a lawyer. Always read the report to ensure it is factual, request a copy for your records, and do not admit fault.
Slips and falls at commercial properties are incredibly common. Whether you slip on a wet floor at CF Markville, trip over a misplaced pallet at a local grocery store, or fall in a snowy parking lot outside a Markham restaurant, the immediate aftermath is often chaotic. In most cases, a store manager or security guard will approach you, ask if you are okay, and pull out a clipboard to fill out an incident report. For many injured individuals, the pressure to sign this document is overwhelming.
Understanding what you are signing is crucial to protecting your rights under Ontario’s Occupiers’ Liability Act. Commercial businesses carry Commercial General Liability (CGL) insurance, and these incident reports are designed primarily to protect the store, not you. While signing a basic report that documents the date, time, and location of the fall is generally fine, signing the wrong type of document can severely damage your ability to claim compensation for your injuries later on. This guide explains exactly how to handle incident reports at Markham businesses.
Step-by-Step Process for Handling an Incident Report in Markham
If you find yourself injured on a commercial property, follow these steps to ensure you cooperate with the business without accidentally signing away your legal rights.
Step 1: Read the Document Carefully Before Signing
Never sign a document without reading every single word. A standard incident report should only contain objective facts: your name, contact information, the time of the incident, and a brief description of what happened (e.g., ‘Customer slipped on a puddle of water near aisle 4’). Ensure the manager has not written down assumptions or statements blaming you, such as ‘Customer was running and fell.’
Step 2: Do Not Apologize or Admit Fault
It is a common Canadian reflex to say ‘I am sorry’ when an accident happens, even if it was not your fault. However, anything you say can be recorded in the incident report. Stick to the absolute facts. Do not say things like ‘I should have been watching where I was going’ or ‘My shoes are slippery.’ Simply state that you fell and identify the hazard that caused it. 🗣
Step 3: Refuse to Sign Waivers or Settlement Offers
Sometimes, a business or their insurance adjuster may try to offer you a quick payout, like a $500 gift card or a small cheque, in exchange for signing a ‘Release of Liability.’ Never sign a release or accept compensation without consulting a personal injury law firm first. Once you sign a release, you are generally barred from ever suing the business again, even if your injuries turn out to be severe and require surgery.
Step 4: Demand a Copy of the Report and Seek Medical Care
After you have reviewed and signed the basic factual report, politely but firmly ask the manager for a photocopy or snap a picture of it with your smartphone. Once you leave the premises, head straight to a medical clinic or the Markham Stouffville Hospital to have your injuries professionally assessed and documented by an Ontario doctor.
How Much Does it Cost to Pursue a Claim?
If you suffered serious injuries despite what was written in the incident report, pursuing a claim against a commercial business involves standard legal structures in Ontario.
| Expense Type | Estimated Cost in CAD |
|---|---|
| Initial Legal Consultation | $0 (Most personal injury firms offer free reviews) |
| Lawyer Fees (If you win) | Usually 25% to 33% of the settlement amount |
| Copy of Hospital Records | Typically $30 to $50 from local Markham hospitals |
| Court Filing Fees (Superior Court) | Approximately $239 to file a Statement of Claim |
How Long Does the Process Take?
Taking legal action against a commercial entity involves strict provincial timelines that you must not ignore.
- Statute of Limitations: Under the Ontario Limitations Act, you generally have 2 years from the date of the fall to start a lawsuit against the business.
- Snow and Ice Exception: If your fall was caused by snow or ice on a commercial property (like a store parking lot), Ontario law requires you to provide written notice to the business and their snow removal contractor within 60 days.
- Claim Duration: Resolving a commercial slip and fall claim often takes 1 to 3 years, depending on whether the business decides to settle out of court.
Frequently Asked Questions (FAQ)
Do I legally have to sign the incident report?
No, you are under no legal obligation to sign an incident report. If the manager has written things that are inaccurate or you feel pressured, you can simply refuse to sign it. Just ensure you take your own photos of the hazard before you leave.
What if the store manager refuses to give me a copy?
Store policies vary, and some managers may refuse to hand over a copy of their internal documents. If this happens, do not argue. Your lawyer can formally request the document later during the legal discovery process.
Can a store delete the security footage of my fall?
Businesses often record over security footage every 14 to 30 days. It is critical to have a lawyer send a ‘spoliation letter’ immediately, which legally requires the business to preserve the video evidence of your accident.
What if I didn’t feel pain until the next day?
Adrenaline often masks pain immediately after a fall. Even if you told the manager you were ‘fine’ and it was written in the incident report, you can still pursue a claim. Just ensure you see a doctor as soon as the pain begins.
Leave a Reply