Slip and Fall Claims
Unsafe properties cause serious injuries. We hold owners accountable.
When most people hear the word “accident,” they picture a car crash. But a severe slip and fall on an icy sidewalk, a wet grocery store floor, or a poorly maintained staircase can be just as devastating. These incidents routinely result in fractured hips, torn ligaments, traumatic brain injuries, and chronic pain that can permanently alter your ability to work and live comfortably.
In Ontario, property owners and occupiers have a legal duty to keep their premises reasonably safe. When they fail to do so, and you are injured as a result, you have the right to seek compensation. However, premises liability claims are notoriously complex, and the deadlines to notify the at-fault party are incredibly strict — sometimes as short as 10 days.
Cook Reynolds LLP has represented slip and fall victims across Hamilton, Burlington, St. Catharines, Niagara, and the Golden Horseshoe for over 40 years. We know how to investigate these claims, preserve fleeting evidence, and force property owners and their insurers to take responsibility.
Key facts about slip and fall claims in Ontario
- You have only 10 days to provide written notice for falls on municipal property
- You have only 60 days to provide written notice for falls involving snow or ice on private property
- Property owners are legally required to keep their premises reasonably safe
- You can claim compensation for pain, suffering, lost income, and medical costs
- Even if you were wearing inappropriate footwear or were distracted, you may still have a claim
- Video surveillance and witness accounts disappear quickly — immediate investigation is critical
Understanding the Occupiers’ Liability Act
In Ontario, slip and fall claims are governed by the Occupiers’ Liability Act. Under this legislation, the “occupier” of a property — which can be the owner, a tenant, a property management company, or a winter maintenance contractor — owes a duty of care to ensure that anyone entering the property is reasonably safe.
This duty of care applies to almost all types of properties, including:
- Grocery stores, shopping malls, and retail shops
- Restaurants, bars, and nightclubs
- Apartment buildings and condominium complexes
- Private homes and driveways
- Parking lots and commercial walkways
- Municipal sidewalks, parks, and community centers
If an occupier fails to salt an icy walkway, ignores a spill in a supermarket aisle, or leaves a staircase in disrepair, they have breached their duty of care. If that breach causes your injury, they are legally liable for your damages.
The Notice Period Trap: Why You Must Act Immediately
The biggest mistake people make after a slip and fall is waiting to see if their injuries improve before contacting a lawyer. In Ontario, the law imposes punishingly short deadlines for providing formal written notice of a slip and fall claim.
Municipal Property (10 days)
If you fall on a city sidewalk, in a municipal parking lot, or inside a government-owned building, you must provide written notice to the municipality within 10 days of the incident. If you miss this deadline, your claim is almost certainly barred, regardless of how severe your injuries are.
Snow and Ice on Private Property (60 Days)
If your fall was caused by snow or ice on private property (such as a commercial plaza, an apartment building walkway, or a residential driveway), you must provide written notice to the occupier or the independent snow removal contractor within 60 days.
The General Limitation Period (2 Years)
Once proper notice is given, you generally have two years from the date of the fall to formally file a lawsuit. Because these notice periods are so brief, it is critical that you contact a lawyer immediately. We will draft and serve the required notice letters to protect your right to sue while you focus on recovering.
What compensation is available?
A severe slip and fall can keep you out of work for months and require extensive medical rehabilitation. Through a premises liability claim, we can help you recover compensation for:
- Pain and suffering: Pain and suffering (general damages) for your physical injuries and emotional distress
- Lost income: Lost income, including past lost wages and future loss of earning capacity if you cannot return to your job
- Medical and rehabilitation expenses: Medical and rehabilitation expenses that are not covered by OHIP, such as physiotherapy, mobility aids, or psychological counseling
- Out-of-pocket expenses: Out-of-pocket expenses, including travel to medical appointments and prescription costs
- Loss of housekeeping capacity: Loss of housekeeping capacity if you can no longer maintain your home
What to do in the hours after a slip and fall
Evidence in slip and fall cases disappears rapidly. Ice melts, spills are mopped up, and surveillance footage is routinely overwritten within 24 to 48 hours. If you are involved in a fall:
- 1. Seek medical attention. Go to the hospital or your doctor immediately. Your medical records are the foundation of your claim.
- 2. Report the fall. Tell the store manager, property owner, or municipal authority exactly what happened. Insist that they write up an incident report, and ask for a copy.
- 3. Document the scene. If you are able, take photos or videos of the exact hazard that caused your fall (the ice patch, the spill, the broken step). Take photos of your footwear and your injuries.
- 4. Get witness information. Collect the names and phone numbers of anyone who saw you fall or saw the hazard beforehand.
- 5. Call Cook Reynolds LLP. Do not speak to the property owner’s insurance adjuster. Call us so we can send investigators to the scene, secure surveillance footage, and serve the mandatory notice letters.
Were you injured on someone else’s property?
Contact us immediately to protect your rights.
Cook Reynolds LLP represents people injured in slip and fall accidents across Hamilton, Burlington, St. Catharines, Niagara, Brantford, and the surrounding Golden Horseshoe region. Our initial consultation is free, and there are no legal fees unless we win your case.
If you’ve been injured on someone else’s property, time is not on your side. Contact us immediately to protect your rights.