Your Guide to Ontario Slip and Fall Accident Claims

If you’ve been hurt in a slip and fall, it’s important to know you have rights. In Ontario, property owners are legally required to keep their premises reasonably safe for visitors. When they fail to do that—by not cleaning up a spill or salting an icy sidewalk, for example—their negligence can lead to serious injuries. If that happens, you may be entitled to compensation.

Your Rights After a Slip and Fall Accident

The moments after a slip and fall can be a blur of pain and confusion. As you try to figure out what just happened, your mind is probably racing with one main question: “What now?” Understanding your fundamental rights is the first step toward getting the support you need to recover.

In Ontario, your rights are built on the foundation of the province’s Occupiers’ Liability Act. This law puts a clear legal responsibility on “occupiers”—the people or companies who own, manage, or control a property. This could be anyone from a major grocery chain in the GTA to the owner of a small local shop in Burlington.

The core idea is straightforward: An occupier must take reasonable steps to ensure people are reasonably safe while on their property. This is their duty of care.

What Is a Duty of Care?

Think of a property owner like the host of a party. A good host makes sure their home is safe for guests—they’ll clear tripping hazards from the stairs or point out a recently mopped, slippery floor. A business or property manager has a very similar obligation to you as a visitor.

The law isn’t about expecting properties to be accident-proof. It’s about what’s reasonable. A court will consider whether the property owner acted as a careful and responsible person would have under the same conditions.

For instance, during a tough Ontario winter, it’s entirely reasonable to expect a shopping mall to have a solid plan for salting and sanding its parking lots and entrances. If they drop the ball and you slip on a patch of ice, they may have failed in their duty of care.

How a Lawyer Can Protect Your Rights Immediately

Right after an injury, crucial evidence can vanish, and strict legal deadlines start ticking. A personal injury lawyer is your advocate from the very beginning, working to make sure your rights are protected.

Here’s what a lawyer does for you right away:

• Investigate the Incident: We send investigators to the scene to take photos, measure the area, and document the hazardous conditions before they are changed or fixed.
• Preserve Key Evidence: We immediately send a formal notice to the property owner, legally requiring them to save critical evidence like security camera footage, cleaning logs, and incident reports.
• Manage All Communications: We take over all conversations with the property owner’s insurance company. Their goal is to minimize their payout, but ours is to protect you, allowing you to focus completely on your recovery.

Knowing the law is on your side can be incredibly empowering. If you’ve been hurt, exploring your options is the most important next step you can take. To get a clearer picture of how we approach these situations, you can find more information at UL Lawyers’ Slip and Fall Practice. Getting expert advice early on gives you the peace of mind you need to get through this.

Proving Negligence Under the Occupiers’ Liability Act

Winning a slip and fall claim isn’t as simple as showing you fell and got hurt. It all hinges on one crucial factor: proving the property owner was negligent. In Ontario, these cases are governed by the Occupiers’ Liability Act, the key piece of legislation that outlines a property owner’s responsibilities.

This Act places a “duty of care” on anyone who controls a property, whether it’s a massive retailer in Mississauga or a landlord in a Burlington apartment building. Their job is to take reasonable steps to keep you safe. When they drop the ball and you get hurt as a direct result, that’s negligence.

The Standard of Reasonableness

The law isn’t asking for perfection. No property can be 100% accident-proof, and courts understand that. Instead, the entire case revolves around a single, powerful question: What would a reasonable person have done in the same situation? This “reasonableness test” is the heart of every slip and fall case in Ontario.

A court will examine the specific details. For instance, did the business have a solid system for checking floors, mopping up spills, or salting icy paths during a classic Greater Toronto Area snowstorm? Or did they just hope for the best?

Negligence isn’t about someone wanting to cause harm. It’s about carelessness—a failure to take the proper steps to protect visitors. It’s this breach of duty that forms the foundation of a successful legal claim.

Think about these real-world Ontario examples:

• A Brampton grocery store has a freezer that’s been leaking, creating a slick puddle in the aisle. If the staff knew (or should have known) about it but failed to clean it up or put out a warning sign in a timely manner, they’ve likely breached their duty of care.
• The landlord of a Toronto apartment building doesn’t salt the front steps during a freezing rain warning. A tenant slips on the ice and fractures their ankle. That landlord could be found negligent for not having a proper winter maintenance plan in place.

What is Contributory Negligence?

Get ready for this one, because it comes up a lot. The property owner’s insurance company will often argue that you were partly to blame for your own fall. This legal tactic is called contributory negligence.

They might suggest you were texting while walking, wearing inappropriate shoes for the weather, or ignoring obvious warning signs.

If a court finds you were partially at fault, you don’t automatically lose. Instead, Ontario law requires your compensation to be reduced by whatever percentage of fault is assigned to you. For example, if you’re found 20% responsible, your final settlement would be cut by that amount.

This is a standard defence, which is why gathering solid evidence right away is so critical. A good lawyer will anticipate this and use your photos of the hazard, witness statements, and the property’s own maintenance logs to prove the owner’s carelessness was the real cause of your injury. If you’d like to dive deeper into how this works, you can learn more about the fundamentals of personal injury law in our detailed guide.

Ultimately, building a strong case means showing that the property owner’s actions—or their failure to act—were unreasonable. This takes a sharp eye for detail and a deep understanding of what to look for in maintenance records, security footage, and witness interviews. An experienced lawyer knows how to connect those dots, establish that critical breach of duty, and effectively shut down claims of contributory negligence.

The First 48 Hours: Building Your Evidence Toolkit

The moments after a slip and fall are often a blur of pain and confusion. But what you do in the first 48 hours can make or break your ability to get fair compensation for your injuries. This window is your one chance to gather the raw evidence you’ll need.

Think of it like this: the scene of your fall is a temporary crime scene. The spilled liquid will be cleaned up, the icy patch will melt, and witnesses will forget what they saw. Your job is to capture a snapshot of that moment before it’s gone for good. This evidence forms the foundation of your claim and is essential for proving the property owner was negligent.

Your Immediate Action Plan

Your health and safety always come first, but documenting the scene is a very close second. The goal is to create a crystal-clear record of what happened before memories fade or the hazard disappears.

Here’s a simple checklist to run through right after a fall:

• Seek Immediate Medical Attention: This is non-negotiable. Go to an emergency room, a walk-in clinic, or your doctor. It’s not just about getting the care you need; it creates an official medical record that connects your injuries directly to the incident. This link is vital for any future claim.

• Report the Incident Officially: Find the manager, supervisor, or owner on site. Tell them exactly what happened and insist they file an official incident report. Ask for a copy for your own records. This report formally establishes the date, time, and location of your fall.

• Document Everything with Your Phone: Your smartphone is your most powerful tool. Take pictures and videos of the exact spot where you fell. Get close-ups of the hazard—the puddle of water, the broken tile, the patch of unsalted ice—from several different angles. You should also take clear photos of your injuries and any damage to your clothes or belongings.

• Gather Witness Information: Did anyone see you fall? If so, politely ask for their full name and phone number. An independent witness who can back up your story is incredibly powerful. Their unbiased account of the conditions can be a game-changer.

• Preserve Your Footwear and Clothing: Don’t wash the clothes or shoes you were wearing. Put them in a plastic bag and set them aside. They can be crucial physical evidence, especially if they show signs of what caused you to fall (like being soaked with a liquid or torn on a broken step).

This immediate evidence-gathering process is a fundamental step in most personal injury situations. In fact, many of these same principles apply to other incidents, as you can see in our guide on what to do after a car accident.

Creating an Official Record

That incident report you asked for is more than just a piece of paper; it’s a formal acknowledgment by the property owner that something happened. The process of incident reporting often involves specific internal procedures for documenting hazards and injuries, and getting a copy of that report can be a powerful piece of evidence.

The infographic below outlines the three key things your lawyer must prove to establish negligence in a slip-and-fall claim.

As you can see, a successful claim must draw a clear line from the owner’s legal responsibility to their failure to keep you safe, and how that failure directly caused your injury. Whether you were hurt in a grocery store, an office building, or a parking lot, navigating Ontario’s laws requires a solid understanding of this process.

Calculating the Value of Your Slip and Fall Claim

Once the initial shock of a slip and fall wears off, one of the first questions on your mind is likely, “What is my claim actually worth?” It’s a fair question, and while every case is unique, the approach to calculating compensation in Ontario is both structured and logical. The ultimate goal is to put you back in the financial position you were in before the accident happened, as much as money can.

Think of your total compensation as being made up of two different categories of damages. When added together, these two parts form the complete value of your potential settlement.

Pecuniary Damages: The Tangible Costs

First, let’s talk about the easy part: pecuniary damages. This is everything that has a clear dollar value—all the direct, out-of-pocket financial losses you’ve suffered. We can prove these with receipts, invoices, and pay stubs. These are the black-and-white, measurable costs of your injury.

Pecuniary damages are there to reimburse you for things like:

• Medical and Rehabilitation Costs: Anything not covered by OHIP or your private benefits falls into this category. This includes physiotherapy, prescriptions, crutches or a wheelchair, and other specialized treatments.
• Lost Income: If you’re unable to work because of your injuries, you deserve to be compensated for those lost wages. This also extends to future income loss if your ability to earn a living has been permanently impacted.
• Future Care Needs: For very serious injuries, we also look at long-term needs. This might mean ongoing therapy, home modifications like a ramp or grab bars, or even hiring personal support workers.

These are just some of the more common examples. For a deeper dive, check out our guide on pecuniary and non-pecuniary damages.

Non-Pecuniary Damages: The Human Cost

The second, more complex category is non-pecuniary damages, which you’ve probably heard called “pain and suffering.” This type of compensation is much harder to put a number on because it deals with the intangible, human side of your injury—the physical pain, the emotional distress, and the loss of enjoyment you’ve experienced.

In Ontario, non-pecuniary damages are meant to compensate you for the ways your injury has diminished your quality of life—from being unable to play with your children to giving up a beloved hobby.

But there’s a catch. The system in Ontario has some important rules. For most slip and fall claims, a statutory deductible is applied to awards for pain and suffering. For 2024, if your pain and suffering is valued below a certain amount (around $151,000), a deductible of over $45,000 is subtracted from it.

So, if a judge decides your pain and suffering is worth $60,000, you would only actually receive about $15,000. This can be a harsh reality, but it’s crucial to understand. Thankfully, this deductible does not touch your pecuniary damages.

A Burlington Case Example

Let’s put this all together with a real-world scenario. Picture a 55-year-old from Burlington who slips on an icy patch in a shopping plaza parking lot and fractures their hip. Here’s how their compensation might break down:

1. Pecuniary Damages: They are forced to take four months off work, losing $20,000 in income. Their physiotherapy and medication costs add another $5,000 out-of-pocket. Their total pecuniary award is $25,000.

2. Non-Pecuniary Damages: The hip fracture requires surgery and leaves them with chronic pain. They can no longer enjoy gardening or go for long walks. A court assesses their pain and suffering at $70,000. After subtracting the statutory deductible, they receive approximately $25,000 for this portion.

3. Total Compensation: By adding the two parts together ($25,000 pecuniary + $25,000 non-pecuniary), their final settlement would be around $50,000.

While we must be careful when looking at data from outside Canada, it can sometimes provide a useful general perspective on how the severity of an injury impacts claim value. These figures highlight a universal truth: the stronger your evidence and the more experienced your legal counsel, the better your chances are of maximizing your compensation. You can read more about how different factors influence claim values by checking out these insights on slip and fall settlements.

Navigating Deadlines and Common Insurance Defences

When you’re injured in a slip and fall, the clock starts ticking immediately. Unfortunately, missing a key deadline can mean losing your right to compensation before your claim even gets off the ground. It’s crucial to understand these timelines, as well as the common arguments insurance companies will use to try and deny your claim.

In Ontario, the legal system sets strict time limits, known as limitation periods, for filing a lawsuit. For most personal injury claims, including slip and falls, you have two years from the day you discovered your injury to start legal action. Miss that deadline, and your claim is legally extinguished, no matter how strong your case is.

The Critical Notice Period

But there’s an even more urgent deadline you need to be aware of, particularly if your fall occurred on municipal property like a city-owned sidewalk, a public park, or inside a government building, or involved snow and ice on private property.

For falls involving snow or ice, you have only 60 days to provide written notice to the property owner or their maintenance company. For falls on municipal property, the deadline is even shorter—just 10 days.

This written notice isn’t complicated, but it must include:

• The date, time, and precise location of the incident.
• The specific injury you suffered.
• Your full name and current address.

Failing to provide this notice within the tight window can be fatal to your case. While courts can sometimes make exceptions if you have a “reasonable excuse,” relying on that possibility is a huge gamble. This is exactly why it’s so important to contact a lawyer right away.

Common Defence Strategies and How to Counter Them

Once you file a claim, you can be sure the property owner’s insurance company will launch its own investigation. Their primary goal? To minimize their payout or deny the claim entirely. Their lawyers and adjusters often rely on a few go-to defence strategies.

1. The “Open and Obvious” Hazard Defence The insurer will often argue that the hazard—be it a large patch of ice or a “wet floor” sign—was so obvious that any reasonable person would have seen and avoided it. In other words, they’re trying to shift the blame onto you by claiming you weren’t paying attention.

• How We Counter It: This is where the evidence you collected in the first 48 hours becomes your most powerful tool. Photos and videos can prove the hazard wasn’t as visible as they suggest, maybe due to poor lighting, its placement around a corner, or other visual clutter. Witness statements can also confirm it was hard to spot.

2. The “Reasonable System of Maintenance” Defence Another common tactic is for the owner to argue they had a “reasonable” system in place for inspections and maintenance. They’ll produce maintenance logs or salting schedules to show they were diligent and argue that your fall was just an unlucky accident that happened between their scheduled checks.

• How We Counter It: An experienced lawyer knows how to pick these records apart. We look for gaps in the logs, inconsistencies, or proof that staff weren’t actually following the documented procedures. We’ve seen cases where security footage directly contradicted the maintenance logs, showing that the supposed “inspections” never even happened.

Successfully challenging these defences requires a proactive strategy and a firm grasp of Ontario’s legal landscape. To learn more about these crucial time limits, you can read our detailed article about the statute of limitations in Canada.

How a Dedicated Lawyer Can Win Your Case

Trying to manage a slip and fall claim on your own can feel overwhelming. You’re dealing with injuries, medical bills are piling up, and you’re suddenly thrown into a complicated legal world that often seems stacked in favour of property owners and their insurance companies. Taking all that on while you’re supposed to be recovering is a monumental task.

This is precisely where having an experienced lawyer in your corner can change everything. Think of us as your shield and your strategist. We step in to manage every single detail of your claim, freeing you up to focus on what truly matters: getting better. Our job is to handle the aggressive tactics from insurance adjusters and methodically build a powerful case for you.

Your Ally in the Fight for Fairness

From our very first conversation, your legal team takes the full weight of the claim off your shoulders. We put a comprehensive plan in motion, all geared toward one goal—securing the maximum compensation you’re entitled to.

An experienced lawyer will:

• Handle All Communication: We immediately take over all contact with the at-fault party’s insurance provider. This shields you from their pressure tactics and manipulative questions.
• Build Your Case: We dive deep into gathering the evidence needed to prove negligence. This means hunting down security footage, obtaining maintenance logs, hiring engineers or other experts, and compiling all your medical records.
• Meet Every Deadline: The legal system is full of deadlines that can make or break a case. We make sure every notice period is met, including the critical 10-day window for claims against a city or town and the 60-day period for snow/ice falls, as well as the standard two-year limitation period.

Slip and fall incidents are a leading cause of serious unintentional injuries, frequently resulting in fractures, head trauma, and disabilities that can keep you out of work for a long time. In Ontario, property owners have a clear legal duty to ensure their premises are reasonably safe. Understanding this is the first step, and if you need expert guidance, it’s wise to consult with experienced Personal Injury Law Firms.

Our Client-First Promise to You

We firmly believe that your ability to get justice shouldn’t depend on what’s in your bank account. That’s why our entire practice is built around a client-first model that removes any financial barriers to getting the help you need.

Our promise is simple: you don’t pay a cent unless we win your case. This is our No-Win, No-Fee Guarantee. You won’t face any upfront costs or hidden fees, which means you can access top-tier legal support without adding to your financial stress.

We represent clients all across Ontario, from our offices in Burlington to every community in the Greater Toronto Area and beyond. We make ourselves available when you need us most, offering a free, no-obligation consultation to review your situation and give you clear, honest answers. Plus, our 24/7 hotline means you can always reach someone for urgent help.

Your recovery should be your only job right now. Let us make securing your rightful compensation ours. Don’t go up against the insurance companies by yourself. Contact us today and get the powerful representation you deserve.

Frequently Asked Questions About Ontario Slip and Fall Claims

After a slip and fall, your mind is probably racing with questions. It’s completely normal. The legal side of things can feel overwhelming, but getting clear answers to the most common concerns can help you feel more in control. We’ve put together some straightforward answers to the questions we hear most often from people across Ontario.

Think of this as your quick guide to navigating some specific, and often tricky, situations you might be up against.

What if I Slipped on a City Sidewalk?

This is a big one, and it’s all about speed. If your slip and fall occurred on municipal property—think a city sidewalk, a public park, or inside a community centre—the clock starts ticking incredibly fast. You have a much shorter window to act compared to accidents on private property.

In most cases, you have just 10 days to give the city clerk formal, written notice about the incident and your injury.

This isn’t a suggestion; it’s a strict legal deadline. If you miss it, you could lose your right to make a claim entirely, regardless of how badly you were hurt. This is why it’s so critical to speak with a personal injury lawyer the moment it happens. They can make sure this notice is filed correctly and on time.

What if the Property Owner Blames Me?

You can almost count on it. The property owner or their insurer will likely suggest you were at least partly to blame. This is a common legal strategy called contributory negligence. They might say your boots weren’t right for the snow, you were looking at your phone, or that the patch of ice was so obvious you should have avoided it.

An experienced lawyer sees this coming a mile away. Right from the start, we anticipate this defence and use the evidence we’ve gathered—photos from the scene, building maintenance records, and witness accounts—to show why the property owner’s failure to keep you safe was the real cause.

Don’t let them intimidate you. Even if you are found partially at fault (for example, 10% responsible), you can still receive substantial compensation. Under Ontario law, your final award would just be reduced by your percentage of fault.

How Can I Afford a Lawyer if I Have No Money?

This is easily one of the most pressing worries for people who’ve been injured. The good news is that the system is set up to help. Most respected personal injury firms in Ontario, including ours, work on a contingency fee basis.

You might have heard this called a “No-Win, No-Fee” arrangement.

It’s exactly what it sounds like. You don’t pay a dime out of pocket. There are no upfront retainers or hourly bills. The law firm foots the bill for all the costs associated with building and arguing your case. We only get paid a percentage of the final settlement or court award if we successfully win your case. If you don’t get paid, neither do we. This structure levels the playing field, ensuring everyone can get expert legal help when they need it most.

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At UL Lawyers, we’re firm believers that your financial situation should never be a barrier to justice. Our No-Win, No-Fee Guarantee means there’s zero financial risk for you to get the help you need. If you or someone you care about was hurt in a slip and fall in Burlington, the GTA, or anywhere across Ontario, get in touch. We offer a free, no-obligation consultation to help you understand your rights. Learn more at ullaw.ca.