Slip, Trip and Falls
Consistently ranked as a Top 10 Personal Injury Law Firm in Ontario by Canadian Lawyer Magazine.
Best Law Firms in Canada by Best Lawyers 2025
Accredited by Better Business Bureau Canada
Our feet take us where we need to be, whether climbing the stairs of our apartment complexes or navigating downtown sidewalks. We trust that our paths are clear of dangers, allowing for safe passage. However, unexpected slips or trips can occur, often without warning, resulting in serious injuries. If you have suffered from injuries from a fall, we are here to assist in securing fair compensation to support you and your family on your road to recovery.
The Difference Between a Slip and a Trip
Slip and fall, as well as trip and fall incidents, are distinct types of personal injury accidents, differing in how they occur and the factors involved.
Despite the different mechanics of these incidents, both can result in serious injuries. The question of liability often hinges on factors such as property maintenance and negligence by property owners or occupants. It’s important to understand the distinction when determining responsibility and pursuing legal action in such cases.
Slip and Fall Accident
A “slip and fall” accident typically occurs when an individual loses balance on a slippery or uneven surface, resulting in a fall. Frequent causes include wet floors, icy paths, or surfaces that have been recently waxed or polished. In such situations, the individual’s foot may slide away, causing them to fall.
Trip and Fall Accident
On the other hand, a “trip and fall” occurs when an individual’s foot comes into contact with an obstacle or uneven surface, leading to a stumble and subsequent fall. This may occur due to objects left on walkways, uneven pavement, or loose floor coverings. In a trip and fall incident, the individual’s forward motion is disrupted, often causing them to trip over an obstruction or uneven surface.
Where Slips and Falls Can Happen
As pedestrians, individuals take numerous precautions to avoid areas that might result in a slip and fall. That includes reading and abiding by signage, assessing flooring or pavement conditions, and exercising caution when necessary. While these actions are important, the overall condition of where you walk also plays a critical role.
- Hazardous Conditions: Slip and fall accidents often occur due to hazardous conditions such as wet floors, uneven surfaces, loose rugs, or poorly maintained walkways. These conditions create a dangerous environment where individuals can lose their footing and fall.
- Negligence: Property owners, businesses, and landlords have a legal responsibility to maintain their premises in a safe condition. Failure to address known hazards or provide proper warnings can constitute negligence, making them liable for any slip and fall injuries that occur on their property.
- Weather Conditions: Weather-related factors like rain, snow, ice, or sleet can significantly increase the risk of slip and fall accidents, particularly in outdoor areas or entranceways. Failure to promptly clear snow or ice or provide adequate traction can contribute to these accidents.
Premises Liability
Property owners are responsible for keeping their premises safe and for warning occupants, visitors and patrons of any potential harm. Something as simple as not salting an icy driveway, not fixing cracked pavement, or leaving tools or cords on stairs or pathways can result in a devastating injury.
In some cases, you might not be aware whether the property you are on is public or private, mainly in outdoor areas. Should you slip and fall, it is important to note your location, as this can play a significant role in your case should you pursue legal action.
Steps to Take After a Slip and Fall Accident
The moments following a slip and fall accident are critical, both for your health and for protecting your ability to seek compensation. Taking the right steps can make a significant difference in proving liability and ensuring you receive the support you need.
- Seek Medical Attention: Your well-being comes first. Even if injuries seem minor, some conditions—such as concussions or soft tissue damage—may not be immediately apparent. A medical evaluation creates a formal record of your injuries, which can be essential for a legal claim.
- Document the Scene: If possible, take clear photographs or videos of the accident location. Focus on the hazard that caused the fall, such as an icy sidewalk, wet floor, or broken step. Capture the surrounding area, lighting conditions, and any warning signage (or lack thereof).
- Report the Incident: Notify the municipality, property owner, store manager, or landlord as soon as you are able. If an incident report is available, ensure it is filled out accurately and request a copy for your records.
- Collect Witness Information: If bystanders saw the accident, ask for their contact details. Their statements may help confirm how the fall occurred and whether hazardous conditions were present.
- Preserve Evidence: Keep the clothing and footwear worn at the time of the accident. They may serve as evidence, especially if slippery surfaces or defective flooring played a role.
- Consult Our Team: Legal guidance is crucial in determining whether you have a claim and how to proceed. At Bergeron Clifford, we can assess the circumstances, gather necessary evidence, and advocate for the fair compensation you deserve.
Public Property
Slip and fall accidents can occur on public property in various locations:
- Sidewalks often pose risks, especially in inclement weather, when they become icy or uneven due to tree roots.
- Municipal parks can also be hazardous, with wet or slippery paths, poorly maintained play areas, or inadequate lighting, creating dangerous conditions.
- Inside public buildings, such as government offices or libraries, spills and neglected maintenance can result in slip and fall incidents.
- Public transportation stations, including bus stops and subway platforms, may have slippery surfaces or debris that increase the risk of falls.
Private Property
On private property, slip and fall accidents can be prevalent in settings similar to public property.
- In apartment buildings, poorly maintained common areas, wet or icy entryways, or defective stairs can lead to falls.
- Businesses are also common locations for slip and fall incidents, with factors like wet floors, cluttered walkways, or uneven surfaces contributing to accidents.
- Retail environments may have hazards like spilled liquids or overlooked maintenance, while restaurants could have slippery kitchen areas.
- Private residences can also be the site of accidents, with neglected driveways, stairs, or walkways posing risks.
Legal Rights and Responsibilities
In Ontario, the Occupiers’ Liability Act requires municipalities, property owners, landlords, and business operators to maintain safe environments for visitors. If they fail to address hazards or warn of potential dangers, they may be held liable for injuries that occur on their premises. Understanding these legal responsibilities is crucial in determining fault in a slip and fall case.
Property Owner Responsibilities
To fulfill their duty of care, property owners and occupiers must:
- Conduct Regular Maintenance: Inspect premises frequently and repair hazards such as uneven flooring, loose handrails, or poor lighting.
- Implement Adequate Warning Systems: Use clear signage to alert visitors to potential dangers, such as wet floors or construction areas.
- Ensure Timely Snow and Ice Removal: Clear sidewalks, entryways, and parking lots in a reasonable timeframe to prevent ice-related falls, especially in winter conditions.
- Address Spills and Obstructions: Promptly clean up spills and remove obstacles that could cause tripping hazards.
Visitor Responsibilities
While property owners must provide a safe environment, visitors also have a duty to exercise reasonable caution. Failing to recognize clear warnings or acting recklessly may affect a victim’s ability to claim compensation. However, it is important to note that liability in slip and fall cases often depends on whether a property owner took reasonable steps to prevent harm.
Catastrophic Injuries From Slips and Falls
The World Health Organization reports that more than 35 million falls yearly are serious enough to receive medical attention. While many injuries associated with falls in Canada impact older adults, anyone involved in a falling accident could suffer various injuries, such as:
Time Constraints on Slip and Fall Claims
Slip-and-fall accidents are subject to strict limitations regarding when you can claim damages. It is crucial to notify both the property owner and municipality, especially when it’s unclear if the incident occurred on public or private property.
- Statute of Limitations: In Ontario, the statute of limitations for slip and fall claims is generally two years from the date of the incident on private property. And for snow and ice-related slips, it’s a 60-day period. Failing to file a claim within this timeframe can result in the forfeiture of your right to seek compensation.
- Notice Period for Municipality: When pursuing a slip and fall claim against a municipality in Ontario, you must be aware of the “notice period.” Generally, you must provide written notice of your intention to file a claim to the municipality within 10 days of the incident.
We recommend consulting with our personal injury lawyers, who are experienced in handling slip and fall claims, as soon as you are able. Our team has the expertise to guide you through the legal process, ensure compliance with notice requirements, and help build a strong case on your behalf.
Working with a Compassionate and Experienced Legal Team
If you’ve suffered injuries as a result of a slip-and-fall or trip-and-fall incident that occurred due to the negligence of a property owner or occupier, you have the legal right to seek compensation for your damages. Our dedicated team is committed to assisting injured individuals across Eastern Ontario, and we are here to extend our support to you as well.
We understand that the aftermath of such accidents can be overwhelming. That’s why we want you to know that we’re here to help you navigate this challenging journey.
Compensation for Slip and Fall Victims
A slip and fall accident can result in significant physical, emotional, and financial burdens. If your injury was caused by hazardous conditions on someone else’s property, you may be entitled to compensation under Ontario law. The amount and type of compensation depend on the circumstances of your case, including the severity of your injuries and their impact on your daily life.
General and Special Damages
When you’ve been injured due to someone else’s negligence, financial compensation—known as damages—can help cover your losses and support your recovery. Damages are awarded either through a court ruling or an out-of-court settlement, with the final amount determined by adding up different categories of losses specific to your case.
Compensation falls into two main categories:
- General Damages, which cover pain and suffering, as well as the loss of enjoyment of life. These damages are subject to a cap set by the Supreme Court of Canada, which increases annually with inflation.
- Special Damages, which cover financial losses related to the injury, such as medical expenses, lost income, and out-of-pocket costs. Unlike general damages, there is no set limit on the amount that can be claimed under special damages.
Medical Expenses
Compensation may cover hospital visits, surgeries, physical therapy, medication, assistive devices, and ongoing rehabilitation costs. Future medical expenses related to the injury may also be considered.
Lost Income
If your injury prevents you from working, you may be eligible to recover lost wages. In cases of long-term disability, compensation may also include future loss of income and reduced earning capacity.
Pain and Suffering
Injuries can affect more than just physical health. Victims may experience emotional distress, chronic pain, or a reduced quality of life. Compensation for pain and suffering is intended to recognize these lasting impacts.
Out-of-Pocket Expenses
Additional costs directly related to the injury, such as transportation to medical appointments, home modifications, or assistance with daily tasks, may also be covered.
At Bergeron Clifford, our personal injury lawyers are experienced in evaluating claims and securing fair compensation for victims of slip and fall accidents.
Tips to Prevent Slip and Fall Accidents
Preventing slip and fall accidents is a shared responsibility between municipalities, property owners, business operators, and residents. Proactive safety measures can reduce risks, protect visitors, and minimize potential legal liabilities.
Key Prevention Strategies
- Maintain Clean Walkways: Regularly remove debris, clean spills immediately, and ensure floors remain dry and free of obstructions.
- Install Proper Lighting: Well-lit entryways, stairwells, and hallways improve visibility and help prevent missteps.
- Use Non-Slip Mats: Placing slip-resistant mats at entrances, restrooms, and other moisture-prone areas can reduce the likelihood of falls.
- Conduct Regular Inspections: Routine checks of flooring, handrails, and sidewalks help identify and address hazards before they cause accidents.
- Educate Staff and Residents: Training employees and tenants on safety protocols, hazard recognition, and proper incident reporting fosters a safer environment.
By implementing these precautions, property owners can significantly reduce the risk of accidents while ensuring compliance with Ontario’s Occupiers’ Liability Act.
Contact Us Today
Our experienced legal professionals recognize the importance of being prompt. We’ll work diligently to ensure that you don’t miss critical deadlines for filing your claim. Our goal is to secure the fair compensation you rightfully deserve, alleviating the financial burden that often accompanies injuries sustained in slip-and-fall or trip-and-fall accidents.
Your well-being and rights matter to us. Contact us today, and let us take the necessary steps to protect your interests and pursue the compensation you need to move forward with your life.
Frequently Asked Questions
After a slip and fall accident, your safety and well-being are paramount. Your first step should be to seek medical attention, even if your injuries seem minor. Then, document the scene by taking photos if possible. Report the incident to the property owner, manager, or municipality and collect contact information from any witnesses. As soon as you can, contact our firm for next steps to protect your rights and initiate a comprehensive investigation.
To establish negligence, your lawyer must demonstrate that the property owner or municipality failed in their duty to maintain a safe environment. This may involve gathering evidence, such as photos, witness statements, maintenance records, or surveillance footage, to show that the hazard existed and they knew or should have known about it. Our legal team, with its extensive experience, excels in examining these crucial elements to support your claim.
Although it’s possible to pursue a slip and fall claim without legal assistance, securing professional representation from our firm is recommended. Slip and fall cases often involve intricate legal challenges, requiring expertise in gathering evidence, negotiating with insurers, and navigating the legal system. Our dedicated slip and fall lawyers have the experience and knowledge to protect your rights, assess the value of your claim, and ensure you receive fair compensation.
In Ontario, even if you were partially at fault for the slip and fall accident, you may still be eligible for compensation. The province follows a comparative negligence system, where your compensation may be reduced based on your percentage of fault. Each case is unique, and our legal team is skilled at assessing your liability while ensuring you receive fair compensation as it relates to your well-being. For personalized advice on your claim, we encourage you to reach out to us.
Some cases can be settled in a matter of months, while others may take a year or more. Factors influencing this timeline can include the intricate details of the case, the type and extent of injuries, and the communication and cooperation of other parties involved. Our goal is to resolve your case as best as possible while ensuring you receive fair compensation.
