Slip and Fall Claims

A slip and fall claim in Ontario involves seeking compensation when someone is injured after slipping, tripping, or falling due to a hazardous condition on another person’s property.

These claims are grounded in provincial law and are designed to hold property owners and occupiers accountable when they fail to keep premises reasonably safe.

Occupiers’ Liability and Duty of Care

Under Ontario’s Occupiers’ Liability Act, anyone who owns, controls, manages, or maintains a property (called an occupier) has a legal obligation to ensure that visitors are reasonably safe while on the premises. This duty of care includes inspecting the property, addressing hazards, and warning visitors about dangerous conditions.

Common hazards that can lead to a slip and fall include:

  • Wet, slippery floors without warnings

  • Snow or ice not removed from walkways

  • Broken or uneven steps, sidewalks, or flooring

  • Poor lighting or loose carpets and mats

Failing to address these issues may be considered negligence, forming the basis of a slip and fall claim.

Who Can Be Held Responsible

Liability can fall on various parties depending on who was responsible for the property’s safety, including:

  • Property owners and landlords

  • Businesses and commercial operators

  • Property management companies and maintenance contractors

  • Municipalities or public authorities (with special notice requirements)

In some cases, more than one party may share responsibility if they had control over the area where the fall occurred.

Proving Your Claim

To succeed in a slip and fall claim, the injured person typically must show:

  1. The occupier owed a duty of care.

  2. The occupier failed to take reasonable steps to prevent or address a hazard.

  3. The hazardous condition directly caused the fall and injuries.

Strong evidence — such as photos of the hazard, incident reports, witness information, maintenance records, and medical documentation — greatly strengthens a claim.

Compensation You Can Seek

If liability is established, injured individuals may be entitled to compensation for:

  • Medical and rehabilitation costs

  • Lost income or reduced earning capacity

  • Pain and suffering (general damages)

  • Out-of-pocket expenses related to the injury

The amount of compensation depends on the severity of the injury and its impact on the victim’s life.

Time Limits and Notice Requirements

Ontario imposes time limits on filing slip and fall claims:

  • Most personal injury claims must be started within 2 years of the accident.

  • For claims involving snow or ice on private property, written notice to the property owner must often be given within 60 days.

  • If the fall happened on municipal property, notice may be required in as little as 10 days.

Missing these deadlines can affect your ability to pursue compensation.

Why Legal Advice Matters

Slip and fall cases can involve complex legal rules and strict deadlines. Consulting a personal injury lawyer early can help with gathering evidence, meeting notice requirements, dealing with insurers, and protecting your right to full compensation