Slip and Fall Injury Claims in Ontario: How Do Slip and Fall Lawsuits Work?

 Icy hazards are expected in Ontario. Even when property managers take reasonable precautions to prevent accidents, slippery conditions can still remain. This means that slip and fall lawsuits are both common and legally complex.

In this article, we’ll break down the key factors of a slip & fall lawsuit, including who may be held liable and what you need to consider when seeking compensation.

How do slip and fall claims in Ontario work?

A strong slip and fall claim typically involves clear negligence, where the responsible party either failed to act preemptively or was unreasonably delayed in addressing hazardous conditions. 

From a lawyer’s perspective, if you sue for a slip and fall injury, your case is often stronger when it involves more severe injuries, as they are easier to prove and tend to result in higher compensation. However, each case depends on its specific circumstances.

Injury claims generally fall into two categories:

• Objective injuries: Clearly visible on medical scans (e.g., broken bones), making them easier to prove.
• Subjective injuries: Based on patient reports (e.g., chronic pain, whiplash, concussions mental health impacts), which rely on credibility and are harder to establish.

Slip and fall injuries in Ontario are usually “orthopaedic,” such as:

• Broken ankles, wrists, or shoulders
• Torn ligaments or joint injuries

The outcome of a slip and fall claim, such as slipping on ice, often hinges on key factors like weather conditions and the precautions taken. Important questions to consider include:

Did the property have a history of maintenance issues?

Was freezing rain in the forecast, and did the property owner take preemptive action, such as salting before ice formed?

Was there a delay in clearing or salting the area? For example, if a snowplow cleared an area but didn’t salt it for several hours, that could indicate negligence.

How does slip and fall liability work in Ontario?

For a slip and fall in a grocery store or other private property, such as parking lots or apartment buildings, the standard for liability is whether the property was maintained in a manner that was reasonable given the circumstances. For municipal roadways and sidewalks, the standard is set by Minimum Maintenance Standards (MMS) established by the government.

Liability for a slip and fall in Ontario is assigned to whoever was responsible for maintaining a safe area but failed to take proper care. The liable party might be a property owner, tenant, or maintenance contractor. 

In some cases, liability is shared. For example, a homeowner may hire a snow removal service for their driveway, but that company may only plow, not salt. The homeowner may still be responsible for salting walkways leading to the house.

A slip and fall lawyer in Ottawa will examine all parties involved to determine who was responsible for which aspect of maintenance. If multiple parties share responsibility, they may all be held liable.

Ontario’s Occupiers’ Liability Act

Under Ontario personal injury law, the Occupiers’ Liability Act defines who has the duty to ensure a premises is reasonably safe. 

This duty can be delegated to contractors, but only if the delegation itself is reasonable. Contractors can be considered occupiers if they control maintenance decisions, such as when and how to clear snow. 

The Occupiers’ Liability Act defines an “occupier” as any of the following:

• The property owner (the legal owner of the premises)
• A physical occupier (someone in control of the property, such as a tenant or business operator)
• A maintenance contractor (if the owner or occupier hires a company for snow and ice removal)

“Reasonableness” in Slip and Fall Cases

In Ontario, responsible parties are not held to a standard of “perfection,” but to a standard of “reasonableness.” Reasonableness is determined on a case-by-case basis, but the key factors include:

• Weather conditions at the time of the slip and fall accident: Property managers must address dangerous weather by plowing and salting after snowfall and salting after freezing rain.
• How busy the area usually is: High-traffic areas, like Costco parking lots and major sidewalks, require more frequent upkeep than vacant lots or quieter residential streets.
• Local customs and expectations for maintenance: Local customs also play a role, with snow and ice maintenance varying between rural and urban areas. Courts will assess whether maintenance practices align with local expectations.

Liability on Municipal vs. Private Property

For private properties, such as stores, parking lots, or apartment buildings, the reasonableness standard under the Occupiers’ Liability Act would apply. The same goes for slip and fall accidents occurring on municipal property, like City Hall’s front entrance or parking lot.

Slips and falls on municipal roadways and sidewalks are governed by minimum maintenance standards, which define the required level of care. If the municipality meets these standards, they might be protected against liability.

How does a slip and fall lawsuit work?

In a slip and fall lawsuit against an individual or business, their insurance company typically covers any settlement or judgment. 

When suing the city for falling on a sidewalk or roadway, the city would be directly responsible for compensation. However, municipalities are held to a lower standard of negligence, making it more difficult to prove liability in these cases.

Slip and fall cases typically take one to three years to resolve; however, they can exceed this time for more complex cases. Settlement timelines depend on factors such as:

• How clear the property owner’s liability is
• The availability of maintenance records
• The severity and credibility of the injuries
• How the injuries affect the victim’s daily life

Most cases settle at or before mediation, but if liability is disputed, litigation might take longer. 

I had a slip and fall accident, what should I do?

If you’ve experienced a slip and fall accident, taking the right steps immediately after the incident is crucial to protect your claim. 

Here’s what you should do to ensure your case is properly documented and that you receive the necessary medical care and legal support:

1. Document the Conditions: Take photos of the scene as soon as possible. Visual evidence can be crucial in proving the conditions at the time of the accident.
2. Provide Notice: If the fall occurred on municipal property, you must notify the municipality in writing within 10 days. For private property, the notice period is 60 days.
3. Seek Medical Attention: Even if injuries seem minor, seeking prompt medical attention is crucial. Delayed visits can raise doubts about whether the injury was caused by the fall.

If Someone Falls on Your Property, Are You Liable in Canada?

Property owners and occupiers have a duty to maintain safe conditions under the Occupiers’ Liability Act. Private property owners can be sued if they failed to take reasonable precautions. Whether you can be sued for a slip and fall injury in Ontario depends on:

• Whether you performed reasonable maintenance.
• If someone slips on your sidewalk, whether the municipal or homeowner’s duty applies.
• Whether a contractor was responsible for snow and ice removal.

Who’s Financially Responsible for Slip and Fall Cases?

In most cases, lawsuits are filed against the responsible party in name only. It’s the insurance company that ultimately pays. 

• Homeowners have home insurance that covers slip and falls due to negligence.
• Commercial properties have liability insurance, often up to $5 million.
• Property managers and maintenance contractors also carry liability insurance.

Note that if a tenant is responsible for maintaining a property but does not have tenant insurance, the lawsuit can become more complicated.

How Does the Slip and Fall 60-Day Notice Work in Ontario?

Ontario law requires injury victims to provide written notice within specific timeframes. If the fall occurred on municipal property (such as a city sidewalk), you must provide written notice to the municipality within 10 days. This should be sent by registered mail to the municipal clerk. 

If the fall happened on private property, the notice period is 60 days under the Occupiers’ Liability Act. Failing to provide notice within these deadlines can jeopardize your claim, so it’s crucial to act quickly.

Key Takeaways on Slip and Fall Law in Ontario

Slip and fall claims in Ontario are complex and require careful consideration of factors like liability, the severity of injuries, and timely documentation. 

To strengthen your case, seek medical attention and legal advice promptly. A legal team can guide you through the process, help you understand average slip and fall settlements in Ontario, and ensure you receive the compensation you deserve.
The team at WVGB Law Group is ready to guide you through the process and help you secure the compensation you deserve. If you’ve experienced a slip and fall injury, reach out to a personal injury lawyer in Ottawa from our firm. Contact us to discuss your case in a free consultation.