Slip and Fall Claims & Occupiers' Liability

The Occupiers' Liability Act

In Ontario, the Occupiers' Liability Act requires property owners (occupiers) to ensure that their premises are reasonably safe for people entering them. This applies to homes, stores, parking lots, and public sidewalks.

Proving Negligence

To win a slip and fall case, you must prove that the occupier failed to meet the "standard of care." This often involves showing that:

• A hazard existed (e.g., ice, a spill, or a broken stair).
• The occupier knew or should have known about the hazard.
• The occupier failed to take reasonable steps to fix it or warn you.

What to Do After a Fall

1. Take Photos — Capture the hazard immediately before it is cleaned up or melts.
2. Get Witness Info — Ask for names and phone numbers of anyone who saw the fall.
3. Report the Incident — Tell the store manager or property owner and ask for a copy of the incident report.
4. Seek Medical Attention — Even if you feel fine, some injuries (like concussions or soft tissue damage) appear later.

Comparative Negligence

If you were distracted (e.g., looking at your phone) or wearing improper footwear, a court may find you "comparatively negligent" and reduce your compensation by a certain percentage.