A fall can result from ice, water, poor maintenance, uneven surfaces or other hazards on a property. Lexera helps injured people assess responsibility, preserve evidence and understand the notice requirements that may apply.
Ontario occupiers have a duty to take reasonable care to keep people entering their premises reasonably safe. Whether that duty was met depends on the condition of the property and the circumstances surrounding the incident.
A claim may involve a property owner, tenant, property manager, maintenance contractor or another party with responsibility for the premises. Identifying who controlled the area can therefore be important.
Ice, snow, water, debris, uneven flooring, poor lighting or another unsafe condition may become central to determining why the incident occurred.
Inspection routines, cleaning practices, winter maintenance and previous complaints can help show whether reasonable steps were taken to address the hazard.
Ownership alone does not always determine responsibility. A tenant, property manager or contractor may also have control over the condition or maintenance of the premises.
The claim should reflect not only the diagnosis, but also the effect of the injury on mobility, work, treatment and everyday activities.
Claims involving snow or ice on private premises can require written notice within 60 days. Falls involving municipal property may be subject to a different and shorter notice requirement.
Take clear photographs of the hazard, surrounding area, lighting, signage and anything else that may help show what the property looked like at the time.
Where possible, notify the property owner, manager or staff and keep a copy or record of any incident report that is prepared.
Keep contact information for witnesses and note who appeared responsible for owning, managing, cleaning or maintaining the area where the fall occurred.
Preserve treatment records, expenses, missed work and information about changes in mobility or daily activities as the effects of the injury develop.
Ontario’s Occupiers’ Liability Act requires occupiers to take reasonable care to see that people entering the premises are reasonably safe. More than one person or organization can qualify as an occupier.
Falls involving municipal roads or sidewalks can engage separate rules governing maintenance, liability and notice. Identifying the location and responsible municipality early can therefore be particularly important.
Photographs, surveillance footage, witness accounts, inspection records and maintenance documents can help establish what created the hazard and whether reasonable steps were taken to address it.
Medical records, employment information and documentation of mobility restrictions, expenses and daily-function changes can help show the consequences of the injury after the fall.
Lexera can investigate where the fall occurred, identify the parties who may have controlled or maintained the area and assess the evidence surrounding the hazardous condition.
The legal team can also help preserve relevant records, address applicable notice requirements and document how the injuries have affected treatment, work and daily life.
Responsibility may rest with a property owner, tenant, property manager, maintenance contractor or another party with control over the premises. More than one occupier can exist for the same property.
Snow and ice claims on private premises can be subject to a 60-day written notice requirement. Because notice rules can affect a claim before the ordinary limitation period expires, early advice can be important.
A claim is not necessarily impossible without photographs, but images taken shortly after the incident can be valuable because spills, snow, ice and other property conditions may quickly change.
A person’s own conduct may be considered when responsibility is assessed. That does not necessarily eliminate the claim, but it can affect how liability and damages are determined.
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