Understanding Slip and Fall Claims in Toronto: Your Legal Rights

Premises liability is the legal principle that property owners and occupiers have a duty to maintain their premises in a reasonably safe condition. Under Ontario's Occupiers' Liability Act, property owners must take reasonable care to ensure that people entering their property are reasonably safe.

This duty applies to: business owners, landlords, property management companies, homeowners, and even municipalities (for public spaces like sidewalks and parks).

The level of care required varies depending on the visitor's status. Invitees (customers, clients) are owed the highest duty of care, while trespassers are owed a lower duty.

In Toronto, slip and fall accidents frequently occur due to: wet or slippery floors without warning signs, uneven surfaces or broken flooring, poor lighting in stairwells or parking lots, ice and snow accumulation on sidewalks and parking lots, debris or obstacles in walkways, torn or loose carpeting, and inadequate handrails on stairs.

Winter months see a dramatic increase in slip and fall claims due to icy conditions. Property owners in Ontario have a legal obligation to clear snow and ice within a reasonable time after a storm.

To succeed in a slip and fall claim, you must prove: the property owner owed you a duty of care, the property owner breached that duty (was negligent), the breach caused your injuries, and you suffered actual damages (injuries, medical expenses, lost wages).

Common forms of negligence include: failing to inspect the property regularly, failing to repair known hazards, failing to warn visitors about dangerous conditions, and failing to implement reasonable safety measures.

Evidence is crucial in slip and fall cases. Take photos of the accident scene, the hazardous condition, and your injuries. Get contact information from witnesses. Report the incident to the property owner or manager in writing. Seek immediate medical attention and keep all medical records.

In Ontario, you generally have two years from the date of the accident to file a personal injury lawsuit. However, there are important exceptions: claims against municipalities may have a 10-day notice requirement, and minors have until their 19th birthday (plus two years) to file.

Don't wait to consult with a lawyer. Evidence can disappear, witnesses' memories fade, and crucial documentation may be lost. The sooner you begin building your case, the stronger it will be.

If you're successful in your slip and fall claim, you may be entitled to compensation for: medical expenses (past and future), rehabilitation costs, lost wages and loss of earning capacity, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages.

The amount of compensation varies significantly based on the severity of your injuries, the impact on your daily life and ability to work, and the degree of negligence on the part of the property owner.