While they may not seem serious at first, personal injuries stemming from a simple slip and fall accident could have long-term—even life-altering—consequences. According to the Canadian Institute for Health Information, “… unintentional falls remain the most common cause of hospitalizations and emergency department (ED) visits for injury and trauma.”

Approximately 654,000 Canadians end up in the emergency room due to a slip and fall accident each year, according to the CIHI’s latest data. And contrary to popular belief, accidental falls aren’t the exclusive domain of seniors with mobility issues. Each year more than 17,000 workers in Ontario are injured in similar incidents.

While slip and fall accidents are common, compensation can be difficult to obtain if you haven’t correctly documented your specific incident. Put simply, property owners will often go to great lengths to prove they’re not at fault when an accident has occurred on their premises. You could also forego compensation if you fail to notify parties in a timely manner. That’s why understanding your rights, responsibilities and key timelines are crucial to obtaining the post-injury compensation you deserve.

The duty of care under Ontario’s Occupiers’ Liability Act

When you step into a shop, visit a friend’s apartment, stroll down a public sidewalk or walk through a public park in Ontario, you likely don’t worry about slip and fall hazards because you assume that your surroundings are being properly maintained. That’s because property owners have a legal obligation to ensure your safety while on their property. This responsibility is defined under the Occupiers’ Liability Act (OLA), a piece of legislation that outlines how property owners must safeguard their property and ensure the safety of those who use it.

The Duty of Care outlined in the OLA is a legal obligation that all property owners and occupiers in Ontario must meet. Whether it’s a snowy sidewalk outside a bookstore or a dimly lit corridor in a hotel, the property must be maintained at a reasonable level to help prevent accidents.

A property owner’s responsibilities

To maintain a reasonably safe environment, a property owner is expected to:

• Conduct inspections—Property owners must regularly check their premises for potential dangers such as uneven staircases, loose floor tiles or broken railings. These inspections help identify and mitigate risks before they result in accidents.
• Conduct timely repairs—If a hazard is identified, fixing it promptly isn’t just a best practice, it’s a requirement. Delayed repairs can turn a small risk into a serious threat to visitor safety.
• Maintain equipment—Functional escalators, elevators, and similar equipment are essential for the safe movement of people within buildings. Regular maintenance ensures this equipment operates smoothly and safely.
• Provide adequate lighting—Property owners should ensure that all interior and exterior areas of their property are well-lit to enhance visibility and security and avoid potential hazards.
• Secure high-risk areas—Appropriate fencing and clear signage are essential for properties with unique features such as swimming pools to prevent accidental falls or other avoidable injuries.

What happens if the Duty of Care is breached?

If a property owner fails to uphold their Duty of Care and someone is injured on their premises, they can be held legally responsible. Depending on the severity of their injuries, the injured party may have the right to claim compensation for various damages such as medical bills, lost wages due to the inability to work, injury-related pain and suffering.

5 steps to follow after a slip and fall accident

Slip and fall accidents can be complex to navigate. Evidence can be difficult to gather and, at times, defendants will try to shift blame to the victim. Here’s what to do if you experience a slip and fall accident and believe you’re entitled to compensation:

Seek medical attention—If you have a cell phone and are seriously injured, immediately call 911 for medical care. If you don’t have a phone, call out for help until someone arrives. From there, you’ll want to document your visits to the hospital, your doctor, physiotherapist, or other healthcare professionals, as this will be critical evidence to present if your case goes to court.

Notify the property owner—Swift action is key after a slip and fall accident, whether dealing with a private property owner or an organization such as a municipality. If you suffer an injury on municipal property such as a city sidewalk, for example, you must inform the municipality in writing within 10 days if you intend to sue. For injuries incurred after a fall on private property due to snowy or icy conditions, you have 60 days to notify the property owner of your intent to pursue compensation. You generally have two years to commence legal action against the responsible party for other personal injuries, although there’s no fixed notice period for these claims. Promptly consulting with legal counsel is crucial to ensuring your rights are protected.

Document everything—To strengthen your injury compensation claim, gathering definitive evidence is essential. Make sure to:

• Take photos of the accident scene and key details such as missing floorboards, bulging carpets, or roadside potholes
• Note the clothing and shoes you were wearing at the time
• Collect contact details from any witnesses
• Save all medical-related documents such as bills, reports, test results and doctor’s notes
• Document any lost earnings resulting from the injury

Remember to note the exact date, time and place of your fall. If there were any witnesses, secure their contact details—including names, phone numbers and email addresses—and work with your lawyer to confirm the accident details via email or text. Doing so will help build a stronger foundation for your personal injury claim.

Stay calm—In the heat of the moment, emotions can boil over and quickly spark an argument with the property owner (assuming they’re on the scene). It’s important to remain calm and keep your comments to a minimum after a slip and fall incident. In addition, avoid discussing your accident on social media or with the property owner’s insurance company, who may contact you not out of concern, but in the hope of settling your claim for less—or disallowing it altogether. Don’t provide statements to the insurance company before consulting with your lawyer. Also refrain from assigning or accepting blame, and let your lawyer handle any ongoing communications with the insurance company on your behalf.

A key takeaway

Slip and fall claims can be complex and exhausting to navigate. As noted earlier, the defendant or their legal or insurance representatives may attempt to shift blame or downplay the extent of the injuries you’ve incurred. To enhance your chances of success and to ensure you receive the compensation you deserve, consult with an experienced lawyer. Otherwise, you could become overwhelmed by documentation, miss important details or crucial notification deadlines, all of which could negatively impact your case.

The Leone Murray Team

Have you been injured in a slip and fall accident? Contact the Leone Murray LLP team by email or phone at 1-877-770-HURT (4878) to schedule your free consultation.