Slip and Fall in a Grocery in Ontario: What Should I Do?

A quick grocery run can turn into a painful, confusing ordeal if you suddenly slip and fall. Maybe it was a wet floor with no warning sign. Maybe produce was left scattered in an aisle. 

Whatever caused it, if you’ve fallen in a store in Ontario, you need to know your rights and what steps to take next.

This guide breaks down exactly what to do, who may be liable, and how you can protect yourself physically, financially, and legally.

What Is a Slip and Fall in a Grocery Store?

A “slip and fall” refers to any injury that happens because someone slips, trips, or falls due to unsafe conditions. In grocery stores, these injuries often result from:

• Spilled liquids or food
• Recently mopped floors without signs
• Ice or slush near entrances
• Loose mats, uneven tiles, or broken flooring
• Poor lighting or obstructed walkways

These accidents aren’t always random. 

Under Ontario personal injury law, stores have a legal duty to keep their premises reasonably safe for customers. 

If they fail, and you’re injured because of it, you may have a slip and fall claim and be entitled to compensation.

Immediate Action After a Slip and Fall in a Grocery Store

If you fell in a store, you might feel embarrassed, disoriented, or unsure of what to do. But acting quickly is critical. Here’s what you should do immediately:

• Seek medical attention: Even if you feel fine, injuries like concussions or soft-tissue damage may surface later.
• Report the incident: Tell a manager right away and request that they document the fall.
• Take photos: Capture the scene, what caused the fall, and your injuries if visible.
• Collect witness info: Names and contact details of anyone who saw it happen can help your claim.
• Preserve what you were wearing: Clothes and shoes may become important evidence.
• Keep all records: Save every medical report, receipt, and interaction.

These steps help protect your health, and your legal case.

Is a Store Liable for a Customer Injury?

Not every fall means the store is automatically liable. But if they failed to take reasonable steps to keep you safe, they could be responsible.

Ontario’s Occupiers’ Liability Act makes it clear: any person or business who controls a property (the “occupier”) owes a duty of care to anyone who enters it. 

Occupier’s liability includes grocery stores, their staff, and contractors.

To prove liability, four main elements usually need to be established:

• Duty of care: The store had a responsibility to keep you safe.
• Breach of that duty: They failed to maintain a reasonably safe environment.
• Causation: That failure directly caused your injury.
• Damages: You suffered actual harm—physically, financially, or both.

It’s also possible for the injured person to share some blame. 

For example, if you were looking at your phone or wearing inappropriate footwear, a court may reduce your compensation under Ontario’s contributory negligence principles.

What Happens After You Fall in a Grocery Store?

Once the fall has occurred and you’ve reported it, what comes next?

Here’s what typically follows:

• Medical diagnosis and treatment – See your doctor or visit the hospital. Consistent care strengthens your claim.
• Incident report from the store – Some stores may try to avoid giving you a copy. Ask for confirmation in writing that the report was made.
• Preserve evidence – Keep photos, receipts, and anything else that supports your version of events.
• Legal timeline – You generally have 2 years from the date of the incident to file a lawsuit in Ontario. But if your fall occurred on municipal property (like a sidewalk near a grocery entrance), you must give written notice within 60 days.

How Much Could a Slip and Fall Claim Be Worth?

While we can’t assign a fixed dollar amount to every slip and fall settlement, successful claims in Ontario can range from thousands to hundreds of thousands—or even millions—in very serious cases.

The value depends on:

• Severity of your injuries
• Time off work or lost income
• Medical and rehab costs
• Long-term effects (chronic pain, disability)
• Level of store negligence
• Whether any fault is assigned to you

Every case is unique. That’s why speaking with an experienced Ottawa personal injury lawyer is essential to understand the strength of your specific claim.

Tips to Strengthen Your Slip and Fall Case

If you’re considering pursuing a claim, take these steps to protect your position:

• Document everything -From the scene to your medical appointments, detailed records matter.
• Don’t speak to insurers alone – They may pressure you into settling quickly for less than you deserve.
• Avoid social media – Anything you post can be used against you.
• Follow all medical instructions – Gaps in care can weaken your claim.
• Talk to a lawyer early – The sooner you get legal advice, the better your chance of a strong case.

Ontario Case Law: How Courts Have Handled These Falls

Understanding how Ontario courts have ruled on past grocery store slip and fall cases can give insight into how your situation might be viewed.

HIGHLIGHT: Kerr v. Loblaws Inc.
Source

An 80-year-old plaintiff slipped on a single grape in the produce section of a grocery store and injured her right ankle. She sued under Ontario’s Occupiers’ Liability Act, alleging the store failed to meet the required standard of care. 

A jury found the store had taken reasonable care, and although damages were provisionally assessed at $58,300, the trial judge dismissed the case.

The plaintiff appealed, arguing the judge misdirected the jury. The Ontario Court of Appeal dismissed the appeal, holding the jury was properly instructed and the store met its duty under s. 3(1) of the Occupiers’ Liability Act.

HIGHLIGHT: Garofalo v. Canada Safeway Ltd.
Source

A 53-year-old woman slipped on a small piece of plum in the produce section of a grocery store, injuring her ankle, back, and shoulder. She later required surgery for a torn rotator cuff. She and her husband sued under the Occupiers’ Liability Act and the Family Law Act, respectively.

The Ontario Court dismissed the claim, finding the store had a reasonable cleaning system in place. The area was otherwise spotless, and the court ruled that the law does not require constant surveillance. Although damages were provisionally valued at over $44,000, no compensation was awarded as liability was not established.

HIGHLIGHT: Hussein v. Loblaws
Source

In this Ontario Superior Court case, a plaintiff slipped on a wet floor caused by melting snow near a grocery store cash register. He suffered neck, back, and thumb injuries. While his thumb pain resolved within several months and his neck improved, he continued to experience back pain and claimed he could no longer work in retail.

The court found the supermarket liable and awarded $60,000 in general damages for pain and suffering. However, it rejected the plaintiff’s claim for loss of earning capacity, stating he failed to prove it on a balance of probabilities.

Each of these cases hinged on whether the store could prove it took “reasonable steps” to keep the premises safe. The law doesn’t expect perfection—but it does expect diligence.

When to Contact a Personal Injury Lawyer After an Injury in a Grocery Store

You should contact a personal injury lawyer if:

• You’ve suffered more than just bruises
• You needed time off work
• You’re facing medical expenses
• The store or insurer is downplaying your claim
• You’re unsure what your rights are

A good slip and fall injury lawyer will gather evidence, communicate with insurers, and help you pursue fair compensation, without pressure to settle for less than you deserve.

Final Thoughts on Slip and Falls in a Grocery Store

Slipping and falling in a grocery store is more than just embarrassing; it can lead to serious injuries and unexpected expenses. 

Ontario law gives you options, but timing and documentation are critical.

If you’ve been hurt, don’t wait. Take the right steps today to protect your rights tomorrow.