What Is a Slip and Fall Injury? Everything You Need to Know

A slip and fall injury happens when you lose your footing because of a dangerous condition on someone else’s property and are hurt in the fall. 

In Ontario, these are usually treated as “occupiers’ liability” claims, which focus on whether the person or company in control of the property took reasonable care to keep it safe.

For a deeper look at how negligence is proven in civil cases, you can review our article on the elements of negligence in Ontario law.

Common Slip and Fall Accidents We See in Ontario

Common examples include slipping on ice in a parking lot, falling on a wet grocery store floor, or tripping on a broken step. If a hazard on property someone else controls caused your fall and you were injured, it could qualify as a slip and fall accident in Ontario.

Other than motor vehicle accidents, slip and trip and fall cases are some of the most frequent claims we see at WVGB Law Group, especially in the winter. They show up in all kinds of day to day situations.

Outdoors, people often fall on icy walkways, snow covered parking lots, or uneven sidewalks. Indoors, falls often happen in stores and restaurants when there is a puddle near an entrance, spilled food on the floor, or other substances that were not properly cleaned up.

Trip and fall accidents are just as common. People catch their toe on crumbling concrete, raised edges between paving stones, loose tiles, or poorly maintained stairs. We also see falls caused by winter carpets that buckle or flip up at the corners because they were not properly anchored.

Who Can Be Liable for a Slip and Fall?

When someone contacts us after a slip and fall, one of the first things we do is identify who is legally “in charge” of the property where they fell.

That can include the owner of the property, a commercial tenant, a landlord, or a maintenance or snow removal contractor who was hired to inspect, clean, or repair the area. We look at who owns it, who occupies it, and who maintains it.

Under Ontario’s Occupiers’ Liability Act, occupiers owe a duty of care to people who come onto their premises. They do not have to make the property perfect, but they must have a reasonable system in place to inspect for hazards, fix them, and warn visitors when needed. 

We examine whether a system existed, whether it was actually followed, and whether any failure is what allowed the hazard to cause your injury. Sometimes nobody is at fault.

For example, if a person walks into an area that clearly is not meant to be a walkway, or if a spill occurs moments before a fall and the owner can show they had a reasonable inspection schedule, the law may treat it as a true accident.

Typical Slip and Fall Injuries and Why They Are Often Serious

People sometimes assume that slip and fall injuries are “minor” compared to car accidents. The cases we see do not match that assumption.

Fractures are very common. We regularly see broken ankles, wrists, forearms, and shoulders after a fall. Knee injuries, including ligament tears and meniscus damage, also show up often. These injuries can require surgery, months of rehab, and time away from work.

Head injuries are another major concern. A simple fall can lead to a concussion, and in more serious cases, traumatic brain injuries with long term symptoms. These can affect memory, concentration, mood, and the ability to return to regular employment.

What To Do Right After a Slip and Fall Accident

The moments after a fall are chaotic, but the steps you take can greatly affect both your health and any future claim.

1. Check yourself for injuries and call 911 if you need emergency care. If you cannot move safely, wait for help.
2. Look around and identify what caused you to fall. If you can, take clear photos or video of the hazard and the surrounding area before anything changes. This is crucial when dealing with ice that might melt or spills that can be quickly wiped away.
3. Get the names and contact information of any witnesses, employees, or bystanders who saw what happened or helped you afterward
4. Preserve the footwear you were wearing. Place the shoes in a safe spot and avoid using them again. Insurers often try to blame a fall on “bad footwear,” so having the actual shoes makes it easier to respond to that argument.
5. Report the incident to the property owner, manager, or staff and ask that it be documented. Keep reading for the strict notice periods for slip and fall accidents.
6. Seek medical attention as soon as possible, even if you think you will feel better in a few days. Early medical attention helps both your recovery and your claim.

How To Tell If You Have a Valid Slip and Fall Claim

From a legal standpoint, a strong slip and fall claim has two main parts: proving that someone else was at fault and proving that you suffered actual losses.

On the fault side, we look for evidence about what happened and why. Photos of the hazard, witness statements, security camera footage, and incident reports all help show there was a dangerous condition and that the occupier’s system for dealing with hazards was not good enough.

On the injury and loss side, we rely on medical and financial documentation. Doctor and hospital records, physiotherapy charts, treatment plans, receipts for medication or devices, and proof of income loss all help show how the fall has affected your life.

You do not need to have every piece of evidence in place before calling a lawyer. In many cases, the best approach is to gather what you have, then get a free consultation with a personal injury lawyer who can tell you whether the law supports bringing a claim in your situation.

The Slip and Fall Claim Process in Ontario

A slip and fall lawsuit generally follows the same main steps as other personal injury cases.

First, we send proper written notice to the occupier or municipality and request that any security camera footage be preserved. During this time, we collect documents and information while you focus on treatment and recovery.

If the case is viable and you haven’t reached a settlement for your slip and fall, we prepare and file a statement of claim with the court. The defendants respond with a statement of defence. 

Both sides then complete examinations for discovery, where each party answers questions under oath about what happened, your injuries, and your losses.

Most cases will involve a mediation with a neutral third party to see if settlement can be reached. If there is still no agreement, the case continues toward a pretrial and, in some instances, a trial before a judge or jury.

Critical Deadlines and Time Limits After a Slip and Fall

Ontario law has some strict notice and limitation rules that can catch people off guard. Missing them can significantly harm your claim, even if liability is strong.

The notice period depends on whether the accident occurred on municipal or private property.

Municipal Property Notice

If you slipped and fell on municipal property, such as a city sidewalk or road, Ontario’s Municipal Act generally requires written notice to the municipality within 10 days of the incident. The notice must usually include the date, time, location, and a brief description of what happened.

Snow and Ice on Private Property Notice

For many slip and fall injuries caused by snow or ice on private property, amendments to the Occupiers’ Liability Act now require written notice to at least one occupier or snow removal contractor within 60 days of the incident. The notice must state the date, time, and place of the fall.

Limitation Period to Sue

Separate from notice, most personal injury claims in Ontario are subject to a basic two year limitation period from the date of the accident or when the injury is discovered. If you do not start a lawsuit within that time, your claim is usually barred.

Because different rules apply to different properties and hazards, it is important to get legal advice quickly. Our guide on the statute of limitations in Ontario goes into more detail about how limitation periods work across civil claims.

Common Mistakes That Can Hurt Your Slip and Fall Claim

We see the same avoidable problems again and again. Some have minor effects; some can be fatal to a claim.

1. Missing a notice deadline – Failing to give timely written notice to a municipality or occupier can be a deal breaker. Courts can allow late notice in limited situations, but it is risky to rely on that.
2. Delaying or stopping treatment too soon – If you wait weeks to see a doctor or stop treatment early without a good reason, insurers may argue your injuries are minor or unrelated to the fall. Gaps in treatment can sometimes be explained, but consistent care and following professional recommendations generally strengthen your case.
3. Not documenting the scene – Leaving the scene without any photos, video, witness names, or an incident report makes it easier for the other side to deny there was a hazard.

Accepting a quick lowball offer – Insurance adjusters sometimes contact injured people early with a small offer to “help” them move on. If you accept and sign a release before understanding the full impact of your injuries, you usually cannot come back for more compensation later. Insurance companies are focused on their bottom line, not on protecting your rights, so you should speak with an Ottawa personal injury lawyer before signing anything

How a Personal Injury Lawyer Helps in Slip and Fall Cases

Speaking with a “slip and fall lawyer” early is more about information than about “suing right away.” It helps you avoid mistakes and gives you a roadmap for what to do next.

At WVGB Law Group, we start by giving a free consultation where we explain your rights, deadlines, and options. We investigate who owns and occupies the property, identify any contractors, and send proper notice and requests to preserve security footage so that key evidence is not lost.

We then handle communication with insurance adjusters so you are not pressured into giving statements or accepting offers that are not in your best interests. We work with your medical team to document your injuries and losses, and we help you track expenses and missed income in a way that will hold up in court.

We also connect clients with treatment providers in their community who understand injury recovery, which helps both your health and the strength of your claim.

If you want to understand how fee arrangements work, WVGB’s article on contingency fee agreements explains the typical structure used in Ontario personal injury cases.

Why Work With WVGB Law Group for a Slip and Fall Injury

When you choose a law firm for a slip and fall claim, you are choosing who you will work with for the next two or three years. Fit and approach matter.

At WVGB Law Group we focus on Ontario personal injury law, and each of our injury lawyers has more than a decade of experience handling cases in Ottawa and across Eastern Ontario. That means we know the local courts, defence firms, and insurers, and we understand how they approach these claims.

We are a local, community based firm, not a distant volume practice. Clients who come to us from other firms often say they felt like a file number and could never reach their lawyer. We make accessibility, status updates, and clear explanations a priority so you are not left in the dark about your own case. Our experienced lawyers stay closely involved in each case from start to finish.

You can learn more about our team, see some of our case results on our website.

If You Just Slipped and Fell, Start Here

If you have just experienced a slip and fall accident in Ontario, the most important thing you can do is act promptly and calmly.

Get medical help, document the hazard if you can, keep your footwear, and write down what you remember while it is still fresh. Then, before speaking at length with any insurance adjuster, talk to a personal injury lawyer who can explain your rights and the deadlines that apply to you.

We offer free consultations to injured people across Ottawa and Eastern Ontario.