What to Do After a Slip and Fall in Ontario
You slipped. You fell. Now what?
Slip and fall accidents in Ontario happen more often than most people think. Icy sidewalks, wet grocery store floors, cracked pavement, uneven stairs. These hazards are everywhere, and when a property owner fails to keep their premises safe, you're the one who pays the price.
If you've been injured in a slip and fall, the steps you take in the first hours and days can make or break your ability to recover compensation. Here's what you need to know.
1. Get Medical Attention Right Away
This is the most important thing you can do after a slip and fall injury. Even if you feel okay in the moment, adrenaline can mask serious injuries like concussions, fractures, or soft tissue damage.
Go to the emergency room, walk-in clinic, or see your family doctor as soon as possible. A medical record created close to the date of your fall is one of the strongest pieces of evidence in any slip and fall claim.
If you wait days or weeks to see a doctor, the insurance company will use that delay against you. They'll argue your injuries weren't that serious, or that something else caused them.
2. Report the Incident
Tell someone in charge. If you fell in a store, restaurant, mall, or workplace, report the accident to the property owner, manager, or supervisor and ask for a copy of the incident report.
If you fell on a municipal sidewalk or road, report it to your city or town. In Ontario, municipalities have specific notice requirements under the Municipal Act. Missing these deadlines can limit or eliminate your right to sue.
3. Document Everything
Evidence disappears fast after a slip and fall. The ice melts. The spill gets mopped up. The broken step gets fixed. That's why documenting the scene is critical.
If you can, take photos or video of the exact spot where you fell, the hazard that caused your fall (ice, water, debris, uneven surface), your injuries (bruises, swelling, cuts), and the surrounding area including any signage or lack of warning signs.
Photographing the hazard itself is especially important. A picture of the ice patch, pooled water, or broken surface that caused your fall can become the single most valuable piece of evidence in your case. Property owners often repair hazards quickly after an accident, so if you're physically able to take a photo at the scene, do it before you leave. If you can't, ask someone with you to do it on your behalf.
Write down what happened while it's fresh in your memory. Note the date, time, weather conditions, what you were wearing (especially your footwear), and the names and contact information of any witnesses.
4. Keep Records of Your Losses
A slip and fall claim isn't just about your medical bills. You may be entitled to compensation for lost wages if you missed work, future income loss if your injuries are long term, rehabilitation and physiotherapy costs, assistive devices or home modifications, pain and suffering, and loss of enjoyment of life.
Keep receipts, pay stubs, and any documentation that shows how the fall has affected your daily life and your ability to earn a living.
5. Don't Give a Recorded Statement to the Insurance Company
After a slip and fall, you may hear from the property owner's insurance company. They may sound friendly. They may tell you they just want to "get your side of the story."
What they actually want is to minimize your claim.
Anything you say in a recorded statement can be used to reduce or deny your compensation. You are not obligated to give one, and you shouldn't without legal advice.
6. Talk to a Slip and Fall Lawyer
Ontario slip and fall cases fall under occupiers' liability law, which holds property owners and occupiers responsible for keeping their premises reasonably safe. But these cases have real complexity. You need to prove the occupier knew or should have known about the hazard and failed to act. You also need to act within Ontario's limitation period, which is generally two years from the date of the accident (and as little as 10 days for written notice in municipal claims).
A personal injury lawyer who handles slip and fall cases can assess whether you have a viable claim, investigate the property owner's maintenance records, deal with the insurance company on your behalf, and fight for the compensation you actually deserve.
Through my personal legal practice, Lemonade Law™, I work on contingency, which means my fee is a percentage of what I recover for you, and if there is no recovery there is no fee. The percentage and terms are set out in a written agreement before I start, in plain language, as the Law Society of Ontario requires.
Who Is Responsible for a Slip and Fall in Ontario?
Under the Occupiers' Liability Act, the person or company that controls a property has a duty of care to keep it reasonably safe for anyone entering it. This includes homeowners, landlords, businesses, shopping malls, restaurants, hotels, gyms, condo corporations, and municipalities.
If a property owner knew about a dangerous condition, or should have known through reasonable inspection, and did nothing to fix it or warn visitors, they can be held liable for your injuries.
How Much Is a Slip and Fall Claim Worth?
Every case is different. The value of a slip and fall settlement in Ontario depends on the severity of your injuries, how long your recovery takes, whether you can return to work, the impact on your day to day life, and the strength of the evidence.
Minor soft tissue injuries may settle for less, while serious fractures, head injuries, or chronic pain conditions can result in significantly higher compensation.
Don't Wait Too Long
Ontario's Limitations Act gives you two years from the date of your slip and fall to start a lawsuit. But for claims against a municipality, you may need to provide written notice within 10 days of the incident. The sooner you speak to a lawyer, the better your chances of preserving evidence and protecting your rights.
The Bottom Line
If you've been hurt in a slip and fall in Ontario, take it seriously. Get medical help, document everything, and talk to a lawyer before you talk to an insurance company.
Learn more about how I handle slip and fall claims in Ontario.
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Claim.ca is a free platform operated by Marty Mikhail, a lawyer licensed by the Law Society of Ontario. Legal services are provided by Lemonade Law™, Marty Mikhail's personal legal practice.