Slip and fall accidents are among the most common causes of injury in Toronto, especially during the winter months when sidewalks, parking lots, and building entrances can quickly become icy or slippery. Whether the fall happens on public property, private property, or inside a business, injured people often ask the same question:
Who is responsible — and can I make a claim?
Understanding liability in Ontario is not always straightforward. This article explains how responsibility is determined; what evidence matters most; and what steps you should take if you’ve been injured in a slip and fall in Toronto.
Understanding Liability Under Ontario’s Occupiers’ Liability Act
The Occupiers’ Liability Act governs slip and fall claims in Ontario. An “occupier” is a person or organization that has control over a property, such as:
– A homeowner
– A business owner
– A property manager
– A municipality
– A landlord
Under the Act, occupiers must take reasonable steps to keep their premises safe. Failure to do so can result in liability when someone is injured.
Common Causes of Slip and Fall Accidents in Toronto
– Icy or Snow-Covered Surfaces: Property owners must take timely steps to salt and clear walkways.
– Wet Floors Inside Businesses: Spills can create hazards if not promptly addressed.
– Poor Lighting: Dim or poorly lit areas make hazards harder to see.
– Broken or Uneven Steps and Sidewalks: Structural defects often lead to injuries.
– Cluttered Walkways: Loose mats, cords, and other obstacles are common causes of falls.
How Liability Is Determined
Determining who is legally responsible depends on several factors:
– Foreseeability: Could the occupier reasonably have known about the hazard?
– Maintenance System: Were regular inspections or cleaning procedures in place?
– Prompt Action: Did the occupier act quickly after learning about the hazard?
– Contributory Negligence: Was the injured person partly responsible?
Even if the injured person was partially at fault, they may still be entitled to compensation.
Notice Periods
The injured person is required to provide written notice of their claim within 60 days of the incident. The notice must set out the date, time and location of the incident and been personally served or sent by registered mail to the occupier or any independent contractor (e.g. winter maintenance contractor) employed by the occupier.
Special Considerations for Municipal Sidewalk Falls
If the fall occurred on a City of Toronto sidewalk, specific rules apply:
– You must provide written notice within 10 days of the accident.
– Maintenance standards and inspection records are crucial evidence.
– Deadlines are strict, making early legal advice important.
What to Do After a Slip and Fall Accident in Toronto
- Photograph the scene and the hazard.
- Document the exact location of the fall.
- Collect witness names and contact information.
- Report the incident to the property owner or manager.
- Seek medical attention right away.
- Keep copies of all medical records and receipts.
Serving Clients Across Toronto and the GTA
Goodman Halioua LLP represents injured individuals throughout Toronto, North York, Scarborough, Etobicoke, York Region, Peel Region, and the GTA. If your injuries make travel difficult, we can arrange home, hospital or remote consultations when needed.
If You Have Been Injured in a Slip and Fall, We’re Here to Help
If you or a loved one has been hurt in a slip and fall accident, speaking with a lawyer early can help protect your rights and strengthen your claim.
