Slip And Falls

Everyone who owns, occupies, or maintains a property in Ontario has a legal duty under the Occupiers Liability Act and other laws to take all reasonable steps to ensure no injury is caused to another person as a result of any unsafe feature of the property, regardless of the reason for the person’s presence.  Legally, one owes the duty to their family, friends and guests, but also to contractors, delivery people and even in some cases to trespassers.  Governments also have a duty, under other laws, to maintain safety on their property and in public areas under their responsibility. One of the most common forms of property-related injury is a slip and fall accident. If you have slipped, tripped and/or fallen on someone else’s property because of an unsafe condition that existed on that property, you may be entitled to compensation.  This is true whether the property is residential, commercial, government or public space.  Even when a property occupier appears not to be able to afford to pay any compensation, insurance payment may be available, and it is advisable to have a lawyer assess the case to determine what remedies you may have.

If you have suffered a slip and fall, it is advised that you take photos of the area of the fall and the hazardous condition as soon as possible, before elements of the unsafe condition may have changed, and to contact a lawyer immediately. This is especially to be emphasized in relation to accidents on city property, in which there may be a 10-day limitation period for providing notice to the city, and a lawyer may be able to help secure your rights more decisively in the matter if you approach them right away.  Even if the 10 days have passed, however, it is always advisable to discuss the situation with a lawyer because circumstances differ between cases and legal remedies may still be available.

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Slip and fall claims have strict timing rules, and waiting can permanently hurt your case. The applicable deadlines depend on where the fall happened and who controls the property. The general two-year limitation period applies to most claims, but notice deadlines for municipal property are 10 days, and 60 days for private property. Evidence, particularly surveillance footage, can also disappear quickly.

Do not wait. Contact Hoffman Law as soon as possible after a slip and fall injury to protect your right to compensation.

You will likely benefit from a lawyer if your injuries are significant, you missed work, or the property owner or insurer is denying responsibility. Slip and fall accidents can cause serious injuries including fractures, broken bones, spinal injuries, and in severe cases, traumatic brain injuries from impact with the ground. These claims turn heavily on evidence, the hazard, the owner’s knowledge of it, and whether reasonable steps were taken. These factors are difficult to establish without legal experience.

  • Insurers often dispute the hazard, your injuries, or whether the fall caused your condition
  • A lawyer can secure incident reports, maintenance records, and surveillance footage quickly
  • Early legal advice prevents costly mistakes, including signing releases before your injuries are fully understood

Protect your health and preserve evidence as quickly as possible. Conditions change, footage gets overwritten, and witnesses move on. The steps you take in the hours and days after a fall can make or break your claim.

  • Get medical care promptly and describe all symptoms to your doctor, even those that seem minor
  • Photograph the exact hazard, surrounding area, and any absence of warning signs
  • Report the incident and request a written copy of the incident report
  • Get witness names and contact details
  • Keep the footwear and clothing you were wearing, do not wash or alter them

Possibly. Under the Occupiers Liability Act, property owners and occupiers have a duty to keep their premises reasonably safe. If they failed in that duty and you were injured as a result, you may have a valid claim. Liability depends on the type of property, how the hazard formed, how long it had existed, and whether any steps were taken to address or warn about it.

Responsibility is not always straightforward, multiple parties can share liability, including tenants, property managers, and contractors.

There are timeline requirements for notice on private or commercial property – 60 days. So the strict notice requirements apply to both municipality and private, it’s just a shortened deadline for municipality.

Falls on municipal property involve additional procedural requirements that do not apply to private property claims. In many cases, you must serve written notice on the municipality within 10 days of the incident. Missing this deadline can bar your claim entirely, regardless of how strong your evidence is.

  • Document the hazard and exact location immediately, photographs with timestamps are important
  • Note the precise date, time, and address or closest intersection
  • Identify witnesses and note any nearby cameras

If you have fallen on city property, contact Hoffman Law immediately, the 10-day notice window moves fast.

Yes. Contributory negligence does not automatically bar your claim in Ontario, it may reduce the compensation you receive, but it does not eliminate it. Insurers frequently attempt to shift blame by arguing you should have seen the hazard, were distracted, or were wearing inappropriate footwear. These arguments can often be challenged.

Factors like lighting conditions, the nature of the hazard, and whether adequate warnings were posted all matter in assessing fault. Hoffman Law handles slip and fall claims throughout Ontario including Sudbury, Sault Ste Marie, Kitchener, Waterloo, Ottawa, St. Catherine’s, and the Niagara Region as well as the Greater Toronto Area, including Mississauga, Brampton, Scarborough, and North York.

Compensation depends on the severity of your injuries, the impact on your ability to work and live normally, and the strength of the evidence supporting your losses. There is no fixed amount, each case is assessed on its own facts. Serious injuries such as fractures, broken bones, spinal injuries, and brain injuries typically attract significantly higher compensation because of their long-term impact on function, independence, and earning capacity. Early settlement offers from insurers frequently undervalue these long-term consequences.

  • Medical and rehabilitation costs, including future care where required
  • Lost income and future earning capacity
  • Out-of-pocket recovery expenses
  • Pain and suffering and loss of enjoyment of life, where applicable

A proper assessment of your claim considers both current and future effects of your injury. Contact Hoffman Law to understand what your case may be worth.

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