Occupiers Must Keep Their Premises Reasonably Safe

Under Ontario's Occupiers' Liability Act, anyone who owns or controls a property — a store, landlord, restaurant, condominium corporation, or homeowner — owes a duty to take reasonable care that visitors are reasonably safe. When an occupier ignores a known hazard and a person is injured, the occupier can be held liable for the resulting harm.

Common slip-, trip-, and fall hazards include unsalted ice and snow, wet or recently mopped floors without warning, uneven or broken flooring, poor lighting, loose mats, debris in aisles, and defective stairs or handrails.

The 60-day snow-and-ice notice rule. For falls caused by snow or ice, the Occupiers' Liability Act requires written notice to the occupier (and any contractor responsible for snow removal) within 60 days of the incident. For falls on municipal property, a separate 10-day notice under the Municipal Act may apply. Missing these deadlines can bar your claim. Call us immediately.

Proving a Slip-and-Fall Claim

To succeed, you must show that a hazard existed, that the occupier knew or ought to have known about it, that they failed to take reasonable steps to address it, and that the hazard caused your injury. Evidence is everything — and it disappears fast.

  • Photograph the exact hazard and surrounding area before it is cleaned or repaired.
  • Report the fall to the owner, manager, or staff and get an incident report.
  • Note the date, time, weather, footwear, and precise location.
  • Collect names and numbers of any witnesses.
  • Seek medical attention and keep all records and receipts.
  • Preserve the footwear you were wearing.

Snow, Ice, and Winter Maintenance Contractors

Winter falls often involve more than one responsible party. Both the occupier and the company hired to plow, shovel, or salt the property may be liable, and maintenance logs showing when (or whether) the area was treated are critical evidence. We pursue every responsible party and obtain those records before they are lost.

Shared Fault Does Not End Your Claim

Occupiers frequently argue that the injured person was not watching where they were going or wore improper footwear. Under the Negligence Act, such arguments go to contributory negligence — they reduce damages by your share of fault but do not bar recovery. We contest exaggerated allegations with the evidence.

Compensation in Slip-and-Fall Cases

Depending on the severity of your injuries, you may recover pain and suffering; past and future income loss; the cost of future medical care and rehabilitation; out-of-pocket expenses; and, for serious injuries, attendant-care and housekeeping costs. Family members may have derivative Family Law Act claims.

Frequently Asked Questions

How long do I have to bring a slip-and-fall claim?
The general limitation period is two years from the date of the fall under the Limitations Act, 2002. But shorter notice deadlines often apply first: 60 days' written notice for snow-and-ice falls under the Occupiers' Liability Act, and 10 days for falls on municipal property. Because these can bar a claim, you should call us right away.
I slipped on ice in a parking lot. Who is responsible?
Potentially both the property owner/occupier and the snow-removal contractor. A key issue is whether the area was salted or cleared and when — which maintenance logs reveal. We identify and pursue every responsible party and obtain those records before they disappear.
The store says I wasn't paying attention. Does that defeat my claim?
No. That is an argument about contributory negligence, which can reduce your damages by your share of fault but does not bar recovery. We routinely contest these allegations with photographs, witness evidence, and maintenance records.
What is the single most important thing to do after a fall?
Document the hazard immediately — photograph it before it is cleaned, repaired, or salted — report the incident, and get medical care. That evidence is often decisive and is frequently gone within hours.
Do I have to pay to hire a lawyer?
No. We handle slip-and-fall claims on a contingency-fee basis. You pay no fee unless we obtain compensation for you, and we advance the necessary disbursements.