A slip and fall accident can happen almost anywhere, from a public sidewalk, park, or municipal building to a grocery store, apartment complex, restaurant, or private residence. However, where a fall accident occurs can affect who may be responsible and the steps an injured person must take to seek compensation. A slip and fall claim involving public property can have different requirements from a claim against a private property owner, making it important to determine who owned, occupied, or maintained the location where the accident occurred.
Occupiers of private property must take reasonable care in the circumstances to keep visitors reasonably safe while on the premises. This generally means taking reasonable steps to identify hazards, maintain the property, and address dangerous conditions such as ice, snow, spills, broken stairs, uneven flooring, or inadequate lighting. When a slip and fall injury occurs because reasonable precautions were not taken, the injured person may have grounds to pursue a personal injury claim. Slip and fall claims caused by snow or ice may require written notice within 60 days.
Falls on public property can involve additional rules because the responsible party may be a municipality or another government body. Different notice periods and legal requirements may apply depending on where and how the accident happened. Acting quickly after any slip and fall accident can help preserve photographs, surveillance footage, witness information, maintenance records, and other important evidence. A personal injury lawyer can guide an injured person through the legal process, determine which parties may be responsible, and help protect their rights when pursuing fall claims.
What Is Considered Public Property?
Public property generally refers to land, buildings, and spaces that are owned, operated, or maintained by a government or public authority. In Ontario, this can include municipal sidewalks, public roads, parks, government buildings, public parking areas, community centres, and other spaces intended for public use.
When a slip and fall accident occurs in one of these locations, determining which municipality or government entity is responsible for maintaining the property is an important part of assessing a potential claim.
Not every area that is open to the public is considered public property. For example, a sidewalk outside a business may be municipally owned, while the entrance, walkway, or parking lot connected to the business may be privately owned or maintained. Establishing who owns and controls the location can affect the legal process, applicable notice requirements, and who may ultimately be responsible for a person’s injuries. A personal injury lawyer can investigate the property and determine which party or parties may be responsible for unsafe conditions.
What Is Considered Private Property?
Private property generally refers to land, buildings, and other premises owned, occupied, or controlled by an individual, business, corporation, or other non-government entity. Common examples include private homes, apartment and condominium buildings, shopping malls, grocery stores, restaurants, office buildings, retail stores, hotels, and privately owned parking lots.
If a slip and fall accident occurs on private property, the person or organization responsible for the premises may have a legal obligation to take reasonable steps to keep visitors reasonably safe.
Responsibility for a slip and fall injury does not always rest with the actual property owner. Depending on the circumstances, a tenant, property management company, maintenance contractor, snow removal company, or another occupier may be responsible for inspecting and maintaining the premises. Identifying who had control over the dangerous condition is therefore an important part of a slip and fall claim and can help determine which parties may be legally responsible for the injured person’s losses.
Key Differences Between Public and Private Property Slip and Fall Cases
One of the biggest differences between public and private property slip and fall cases is who may be responsible for the dangerous condition. On private property, a claim may involve a property owner, tenant, business, property manager, or maintenance contractor. On public property, responsibility may rest with a municipality or another government authority. Identifying who owned, occupied, or maintained the area where the accident occurred is an important first step.
The rules and deadlines can also be different. Claims involving municipalities may have strict notice requirements that require an injured person to act quickly after an accident. Private property claims are generally handled under Ontario’s occupiers’ liability laws, although other rules and deadlines can apply. Missing an important notice period can make it more difficult to pursue compensation, which is why injured people should consider getting legal advice as soon as possible.
The evidence needed to establish liability can also vary. A private property claim may involve maintenance records, cleaning schedules, surveillance footage, inspection reports, or contracts with snow removal companies. A public property claim may require evidence about municipal maintenance standards, inspection practices, weather conditions, and when the municipality became aware of a hazard. In either situation, photographs, witness information, medical records, and other evidence can help establish what happened and whether reasonable steps were taken to prevent the slip and fall accident.
| Factor | Public Property | Private Property |
|---|---|---|
| Potentially Responsible Parties | Municipality, transit authority, government agency, or other public entity | Property owner, business owner, landlord, tenant, condominium corporation, or property manager |
| Common Examples | Sidewalks, public parks, roads, municipal parking lots, government buildings, and some transit areas | Stores, shopping malls, restaurants, offices, apartment buildings, condominiums, and private parking lots |
| Applicable Legal Duties | Governed by applicable legislation and common law, depending on the property and circumstances | Primarily governed by Ontario’s Occupiers’ Liability Act, along with other applicable legislation and legal principles depending on the circumstances. |
| Notice Requirements | Specific statutory notice requirements may apply, including short deadlines in some municipal claims | Requirements depend on the circumstances; claims involving snow or ice may be subject to specific statutory notice requirements |
| Common Evidence | Maintenance records, inspection logs, photographs, weather records, witness statements, and municipal records | Incident reports, surveillance footage, maintenance and cleaning logs, photographs, witness statements, and contractor records |
| Potential Hazards | Ice or snow, damaged sidewalks, potholes, uneven pavement, poor maintenance, or inadequate lighting | Wet floors, spills, ice or snow, broken stairs, loose flooring, poor lighting, or other unsafe conditions |
| Why Acting Quickly Matters | Notice deadlines can be short, and evidence about the condition may disappear quickly | Surveillance footage may be deleted, hazards may be repaired, and important records or witness information can become harder to obtain |
Notice Requirements and Liability in Ontario
Ontario has strict deadlines that can affect a person’s right to pursue compensation after a slip and fall accident. In Ontario, a personal injury lawsuit generally must be started within two years of the date the claim was discovered, subject to exceptions. This limitation period usually begins on the date the claim was discovered, although exceptions can apply. Waiting two years to take action is not recommended. Evidence can disappear, surveillance footage may be deleted, and witnesses may become more difficult to locate as time passes.
Public property claims can have much shorter notice periods. Certain municipal claims require written notice within 10 days. For example, Ontario’s Municipal Act, 2001 contains a 10-day notice requirement for claims involving a municipality’s failure to keep a highway or bridge in a reasonable state of repair. Municipal sidewalks can fall within the statutory definition of a highway. The notice should generally identify the location, date, time, and circumstances of the accident. There are circumstances in which failing to provide notice within 10 days may not automatically defeat a claim, but an injured person should not rely on an exception. Municipal sidewalk claims involving snow or ice can also face a higher liability threshold. Under Ontario law, a municipality generally is not liable for a personal injury caused by snow or ice on a sidewalk unless gross negligence is established.
There is another important deadline for slip and fall claims involving snow or ice. Ontario’s Occupiers’ Liability Act generally requires written notice of a claim within 60 days when a person is injured because of snow or ice. The notice must be provided to an occupier or an independent contractor employed to remove snow or ice, and it must contain prescribed information about the incident. Because different deadlines can apply depending on the property, hazard, and parties involved, anyone injured in a slip and fall should consider speaking with a personal injury lawyer promptly. A lawyer can identify the correct parties, determine which notice requirements apply, preserve important evidence, and help protect the injured person’s right to pursue compensation.
Can You Be Partially at Fault for a Slip and Fall?
Yes. An injured party can be found partially responsible for a slip and fall injury in Ontario. This is known as contributory negligence. Contributory negligence reduces compensation if you’re partially at fault. When determining liability, the court may consider the actions of both the injured person and the person or organization responsible for maintaining the public or private property where the accident occurred.
For example, occupiers and other parties responsible for maintaining the premises may have obligations relating to hazards such as wet or slippery floors, icy sidewalks, or unsafe snow and ice conditions. They may also be expected to have reasonable inspection procedures and appropriate snow and ice removal practices. However, an insurance company may argue that the injured person failed to take reasonable care for their own safety. This can become an important issue when proving negligence in many fall cases.
Warning signs can also affect a slip and fall claim. Ignoring a clear and appropriate warning may be considered when determining whether an injured person was partially responsible for the accident. For example, if a business placed a clearly visible warning sign beside a recently mopped floor and someone ignored the warning, that person’s actions may be considered when fault is assessed. Depending on the circumstances, an insurer or defendant may also raise issues such as footwear, distraction, the visibility of the hazard, or whether the injured person could reasonably have avoided it.
Being partially responsible does not necessarily prevent an injured person from recovering compensation. Instead, compensation may be reduced according to the percentage of fault assigned to them. For example, if an injured person is found 20% responsible for the accident, an award of damages may generally be reduced by 20%. Because fault can be disputed by a property owner or insurance company, a skilled personal injury lawyer can gather evidence, examine the circumstances surrounding the accident, respond to allegations of contributory negligence, and help protect the injured person’s rights.
What Should You Do If You’re Injured in a Slip and Fall Accident?
The steps you take immediately after a slip and fall accident can affect both your health and your ability to pursue a personal injury claim. Whether the accident happens on public or private property, try to document the dangerous condition and report what happened as soon as possible. Evidence can disappear quickly. A wet floor may be cleaned, snow and ice may be removed, or a damaged walkway may be repaired shortly after the accident.
If you are injured in a slip and fall, consider taking the following steps:
- Seek medical attention. Your health should come first. Even if your injuries initially seem minor, symptoms from a head injury, concussion, back injury, soft tissue injury, or fracture may become more noticeable later. Medical records can also provide important evidence connecting your injuries to the fall accident.
- Report the accident. Tell the property owner, occupier, landlord, store manager, municipality, or other responsible party about the incident. If possible, request a copy of the incident report and record the name of the person you spoke with.
- Take photographs and videos. Document the exact location of the accident and the condition that caused you to fall. This may include wet or slippery floors, uneven pavement, broken stairs, poor lighting, debris, potholes, icy sidewalks, or inadequate snow and ice removal.
- Gather witness information. If anyone saw the accident or noticed the dangerous condition beforehand, ask for their name and contact information. Witness statements may become important when proving negligence and determining who was responsible for the unsafe property condition.
- Keep your clothing and footwear. Avoid throwing away or altering the shoes and clothing you were wearing when the slip and fall injury occurred. An insurance company may raise questions about your footwear or argue that your own actions contributed to the accident.
- Keep records of your losses. Save medical bills, prescription receipts, rehabilitation expenses, transportation costs, employment records, and other documents related to the accident. If your injuries prevent you from working, records of lost income may become important when calculating your damages.
- Watch the applicable notice deadlines. Ontario has different notice requirements depending on where and how the accident happened. Certain municipal claims can require notice within 10 days, while snow and ice slip and fall claims can be subject to a 60-day written notice requirement. These deadlines are much shorter than the general limitation period for starting many personal injury lawsuits.
- Speak with a personal injury lawyer. A lawyer can investigate the accident, identify the parties responsible for maintaining the property, request surveillance footage and maintenance records, deal with the insurance company, and determine which deadlines apply to your slip and fall claim.
Taking action quickly can make it easier to preserve evidence and establish what caused the accident. A skilled personal injury lawyer can also examine maintenance records, inspection procedures, warning signs, contracts with maintenance companies, and other evidence when determining liability. The stronger the evidence surrounding the accident and your injuries, the better positioned you may be to pursue fair compensation through a slip and fall injury claim.
Contact Our Toronto Slip and Fall Law Firm for Legal Assistance
If you have suffered injuries in a slip and fall accident, understanding your legal rights can be difficult, especially when different rules apply depending on where the incident occurred. At Bergel Magence, our Toronto personal injury lawyers handle slip and fall cases, including private property cases and public property slip and fall claims. We can help the injured party understand Ontario’s legal landscape, identify who may be responsible, and navigate the claims process from beginning to end.
A serious fall can result in significant medical expenses, lost income, rehabilitation costs, pain and suffering, and other financial losses. Our legal team can investigate the circumstances of your accident, preserve important evidence, communicate with insurers, and pursue a fair settlement on your behalf. Our goal is to help you seek fair compensation for the injuries and losses you have experienced.
Slip and fall claims can also involve strict timelines, particularly when an accident involves a municipality, snow or ice, or certain public property. Do not wait until important evidence disappears or a notice deadline passes. Contact Bergel Magence today for a free consultation to discuss your accident, learn about your legal options, and determine the next steps for your potential slip and fall claim.
