What To Do After a Slip and Fall Accident in New Brunswick

A fall can happen in seconds. What you do next matters.

You didn't plan for this. One moment you were walking through a parking lot in Moncton, stepping into a store in Saint John, or crossing a sidewalk in Fredericton. The next, you were on the ground and everything hurt.

Slip and fall accidents are among the most common causes of serious injury in New Brunswick. Broken wrists, fractured hips, head injuries, and torn ligaments are not unusual outcomes. And yet many people who are hurt on someone else's property never take steps to protect their legal rights, often because they don't know what those rights are, or because they assume the fall was their own fault.

It isn't always that simple. Here is what you should know, and what you should do.

You May Have a Legal Claim Even If You Think It Was Your Fault

In New Brunswick, property owners and occupiers have a legal duty to keep their premises reasonably safe for people who enter. That includes businesses, stores, restaurants, landlords, municipalities, and private homeowners in certain situations.

If you slipped because of ice in a parking lot that hadn't been salted, a wet floor without a warning sign, a broken step that hadn't been repaired, or a poorly lit entrance, there is a real possibility that someone else's failure caused your injury. New Brunswick follows contributory negligence rules, which means that even if you were partly responsible for the fall, you may still be entitled to compensation. Your award may be reduced based on your share of fault, but it is not automatically eliminated.

This is why it is worth speaking to a lawyer before drawing any conclusions. The legal questions involved in a slip and fall case are more nuanced than most people expect, and a quick conversation can tell you a lot about where you stand.

Step 1: Get Medical Attention First

This is not optional. Even if you feel like you can walk it off, see a doctor as soon as possible after a fall.

There are two reasons for this: your health, and your claim. Internal injuries, concussions, and soft tissue damage don't always show symptoms right away. A fall that feels minor in the moment can result in significant pain, limited mobility, or neurological symptoms in the hours and days that follow. Getting checked out protects you physically and gives you a clear baseline for your recovery.

It also creates a medical record that connects your injuries to the date and location of the fall. That connection is critical if you decide to pursue a claim later. A gap between the accident and your first medical visit gives insurers room to argue that something else caused your injury, or that it wasn't serious enough to warrant immediate attention.

Step 2: Document the Scene Before You Leave

If you are able to, take photos at the scene before anything changes. Photograph the exact spot where you fell, the condition of the surface, any ice, water, debris, or hazard that caused the fall, and the surrounding area. Look for missing signage, damaged flooring, or poor lighting. Include timestamps if your phone records them.

If there were witnesses, other shoppers, passersby, or coworkers, get their names and contact information before you leave. Conditions can change quickly. Ice gets salted. Wet floors get mopped. Broken steps get patched. Witness accounts can be the most reliable record of what the situation actually looked like at the time of your fall.

Step 3: Report It in Writing

Tell someone in charge and make sure there is a written record. If it happened at a business, notify the manager on duty and ask for a formal incident report. Request a copy before you leave, or ask that one be sent to you. If they refuse, note the name of the person you spoke to, the time, and exactly what was said.

If your fall happened on municipal property, a sidewalk, a city-owned parking lot, a public building, or a transit facility, you need to report it to the municipality directly. This step is especially important in New Brunswick because municipalities may have their own notice requirements with tighter timelines than the standard two-year limitation period. Failing to give proper notice to a municipality can affect your ability to make a claim, even if your injuries are serious.

Do not assume that because someone saw you fall, the incident has been reported. Always confirm it in writing.

Step 4: Do Not Sign Anything

If someone from the property owner's insurance company contacts you in the days following your fall, do not give a recorded statement and do not sign any documents before speaking with a lawyer. This is one of the most important steps you can take to protect your claim.

Insurance adjusters are not there to help you get what you deserve. Their job is to close your file for as little as possible, and they are trained to ask questions in ways that can minimize or eliminate your claim. A statement given in good faith, before you fully understand the extent of your injuries or your legal rights, can be used against you later.

A release signed too early, even one that seems routine or modest in amount, can permanently end your right to further compensation, including for injuries that haven't fully developed yet.

Step 5: Know Your Deadline

In New Brunswick, the general limitation period for a personal injury claim is two years from the date of the accident. Miss that window and you lose the right to sue, regardless of how serious your injuries are or how clear the other party's fault may be.

There are limited situations where the clock may start later, such as when injuries weren't discovered immediately, or where the injured person was a minor at the time of the fall. But these exceptions are narrow, and relying on them is a risk. The sooner you speak to a lawyer, the clearer your options will be.

If your fall happened on municipal property, such as a city sidewalk, a town-owned building, or a public space, different notice requirements may apply with timelines significantly shorter than two years. In some cases, written notice to the municipality must be given within weeks of the incident. This is one area where acting quickly is not just advisable but essential.

What Compensation Can You Claim After a Slip and Fall in New Brunswick?

If a property owner's negligence caused your fall, you may be entitled to compensation across several categories. Medical expenses, including physiotherapy, specialist visits, and ongoing treatment costs, are typically recoverable. If your injuries kept you away from work, lost income can be claimed as well. Pain and suffering damages account for the physical and emotional impact of the injury on your daily life. If your injuries are expected to have lasting effects, future care costs and long-term loss of income may also form part of your claim.

The amount depends on the severity of your injuries, how fault is divided, the specific circumstances of your case, and the applicable insurance coverage. There is no standard formula. Two people who fall in the same parking lot can have very different claims based on how each injury affects their life, their work, and their ability to recover.

A consultation with a personal injury lawyer costs you nothing and gives you a realistic picture of what your case may be worth.

What If the Fall Happened at Work?

Falls that happen in a workplace setting involve a separate layer of legal considerations. In many cases, WorkSafeNB provides the primary route for compensation when you are injured on the job. However, there are situations where a personal injury claim is also possible, particularly if a third party other than your employer was responsible for the conditions that caused your fall.

If your injury has also affected your ability to work long-term, you may want to explore your options under a long-term disability claim. CLG handles both personal injury and LTD cases, so if your situation involves both, you only need one conversation to understand the full picture.

CLG Has Been Helping New Brunswickers Since 1987

CLG Injury Law has offices in Moncton, Saint John, and Fredericton. We have been representing injured people across New Brunswick for nearly 40 years, and slip and fall cases are something our team understands well.

We know the legal rules that apply here, the municipalities involved, and the insurance companies operating in this province, because this is where we live and work too. If you were hurt in a fall and you're not sure what your options are, reach out to us. There's no pressure and no obligation. We're here when you're ready.