Slip and Fall Accidents in Ontario: When Can You Sue?

Slip and fall accidents are among the most common causes of serious injury in Ontario, particularly during the winter months. If you have been injured in a fall on someone else's property — whether a store, restaurant, sidewalk, parking lot, or private home — you may have a legal claim for compensation. Ontario law imposes a duty on property owners and occupiers to keep their premises reasonably safe.

The Occupiers' Liability Act

Ontario's Occupiers' Liability Act requires occupiers of property to take reasonable care to ensure that people entering their premises are reasonably safe. This includes maintaining walkways, clearing ice and snow, repairing hazards, and providing adequate warnings of dangerous conditions. If an occupier fails to meet this standard of care and you are injured as a result, you may be entitled to compensation for your injuries.

Municipal Sidewalk Falls

If you fall on a municipal sidewalk or road, different rules apply. Municipalities are protected by a minimum maintenance standard, and you must prove that the municipality failed to meet this standard. There is also a strict 10-day written notice requirement for claims against municipalities under the Municipal Act — if you do not provide written notice within 10 days of the fall, your claim may be barred. This makes it essential to act immediately.

What You Should Do After a Fall

If you are injured in a slip and fall, seek medical attention right away. Report the incident to the property owner or manager and ask for a written record. Take photographs of the hazard that caused your fall — ice, water, a broken step, poor lighting, or whatever the condition was. Get the names and contact information of any witnesses. And contact a lawyer as soon as possible, particularly if the fall occurred on municipal property due to the 10-day notice requirement.

What Compensation Can You Claim?

Depending on the severity of your injuries, you may be able to claim compensation for medical expenses, lost income, pain and suffering, future care costs, and loss of enjoyment of life. In serious cases involving fractures, head injuries, or other significant harm, the damages can be substantial.

Get Legal Advice

Ken Wise & Associates handles slip and fall claims across Ontario. If you have been injured on someone else's property, contact us for a consultation. We can assess your claim, advise you on the strength of your case, and help you pursue the compensation you deserve.