SLIP & FALL INJURY

Slip & Fall Injury Claims in Ontario

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.

01

Overview

When a property hazard causes injury

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.

02

PROPERTY & HAZARD FACTORS

What can shape a slip and fall claim

HAZARD

What caused the fall

Ice, snow, water, debris, uneven flooring, poor lighting or another unsafe condition may become central to determining why the incident occurred.

MAINTENANCE

How the property was being managed

Inspection routines, cleaning practices, winter maintenance and previous complaints can help show whether reasonable steps were taken to address the hazard.

CONTROL

Who was responsible for the area

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.

INJURY IMPACT

How the fall affected daily life

The claim should reflect not only the diagnosis, but also the effect of the injury on mobility, work, treatment and everyday activities.

Important to Know

Some slip and fall claims have short notice periods.

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.

03

AFTER A FALL

Evidence worth preserving before conditions change

01

Photograph the exact location

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.

02

Report the incident

Where possible, notify the property owner, manager or staff and keep a copy or record of any incident report that is prepared.

03

Identify witnesses and property parties

Keep contact information for witnesses and note who appeared responsible for owning, managing, cleaning or maintaining the area where the fall occurred.

04

Document the injury and recovery

Preserve treatment records, expenses, missed work and information about changes in mobility or daily activities as the effects of the injury develop.

04

PROPERTY RESPONSIBILITY

The legal framework depends on where the fall occurred

PRIVATE PREMISES

Occupiers must take reasonable care

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.

MUNICIPAL PROPERTY

Different statutory rules may apply

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.

05

Evidence & Documentation

Property conditions can change quickly

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.

06

How Lexera Can Help

Legal support built around the property and the evidence

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.

07

Frequently Asked Questions

Common questions after a slip and fall injury

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.

SLIP & FALL INJURY

Questions about what happens next?

Tell us what happened, what you are dealing with now and any insurance or recovery issues involved.