What to Do After a Slip and Fall Accident in Ontario: A Step-by-Step Guide

A slip and fall accident can happen in a grocery store, shopping mall, apartment building, parking lot, restaurant, office building, or on icy sidewalks — in Mississauga, Brampton, Oakville, Burlington, and across the Greater Toronto Area. While some falls result in only minor bruises, others cause broken bones, spinal injuries, traumatic brain injuries, or long-term mobility issues.

Many people assume that if they report the accident later, they can always pursue compensation. Unfortunately, waiting too long or failing to preserve evidence can make a claim significantly more difficult — and in some situations, can eliminate it entirely.

Step 1: Seek Medical Attention Immediately

Your health should always come first. Even if you feel relatively well, injuries such as concussions, internal bleeding, ligament damage, and spinal injuries may not become apparent until hours or even days later.

Prompt medical treatment also creates medical records that document the date of the accident, your reported symptoms, your diagnosis, and your recommended treatment and recovery timeline. These records can become critical evidence if you later pursue a claim. See our guide on how medical records affect your injury claim for why early and specific documentation matters.

If you are unsure whether OHIP covers your treatment costs after the accident, our post on OHIP coverage after an accident in Ontario explains what is covered and what is not.

Step 2: Report the Accident

Notify the property owner, manager, or business as soon as possible. Ask that the incident be documented in writing. If available, request a copy of the incident report or make a note of the date, time, location, the name of the employee or manager you spoke to, and any reference number provided.

Avoid admitting fault or speculating about what caused the accident. Do not say “I should have been more careful” or “I wasn’t watching where I was going” — these statements can be used against you later.

Step 3: Photograph Everything

Evidence often disappears quickly. Wet floors are mopped. Ice is treated. Broken tiles are repaired. Photographs taken at the scene are frequently the only evidence of the hazardous condition as it existed when the fall occurred.

Take photographs of the exact location, any ice or snow, wet floors or spills, the presence or absence of warning signs, poor lighting, broken or uneven flooring, the staircase or ramp if applicable, the footwear you were wearing, and your visible injuries. If surveillance cameras are present, note their location — your lawyer can request that footage be preserved before it is overwritten.

Step 4: Collect Witness Information

Independent witnesses can be extremely valuable in a slip and fall claim. Ask anyone who saw the fall or who was nearby for their full name, phone number, and email address. Witnesses may later be able to confirm the hazardous conditions, the absence of warning signs, the weather conditions at the time, and how the accident occurred.

Do not rely on the property owner or their staff to provide witness information to you later — collect it yourself at the scene.

Step 5: Preserve Evidence

Do not throw away the shoes, clothing, or any items you were carrying at the time of the fall. Footwear condition is frequently relevant in slip and fall cases — the defense may argue your shoes were inappropriate for the conditions. Keep the shoes exactly as they were — do not clean them.

Also preserve all medical bills, prescription receipts, parking receipts for medical appointments, and transportation expenses. Keep a recovery journal documenting your pain levels, missed work, medical appointments, and daily limitations. This ongoing record of your functional impact is one of the most useful pieces of evidence you can create after an accident.

Step 6: Understand the Property Owner’s Responsibilities

In Ontario, property owners and occupiers have a duty to take reasonable steps to keep visitors reasonably safe under the Occupiers’ Liability Act. The standard of care required depends on the type of property and the class of visitor.

What “reasonable care” means in practice varies by situation:

• Commercial properties (stores, malls, restaurants): Expected to inspect regularly, address known hazards promptly, and warn visitors of conditions they cannot fix immediately
• Private residential property: Owe a duty of care to invited guests — less intensive than commercial properties but still meaningful
• Municipal property (sidewalks, parks, roads): Governed by the Municipal Act, 2001 — with specific notice requirements discussed in Step 7

Liability is not automatic simply because someone fell. The key question is whether the occupier knew or ought to have known about the hazard and whether they took reasonable steps to address it. A known, recurring hazard that was ignored is treated very differently from a hazard that arose moments before the fall.

Relevant Ontario Case Law

Ontario courts have interpreted the occupiers’ liability standard in ways that are directly relevant to slip and fall claims. Two decisions are particularly instructive:

Waldick v. Malcolm, [1991] 2 SCR 456 (Supreme Court of Canada) — The Supreme Court of Canada confirmed that the standard of care under the Occupiers’ Liability Act is objective and contextual. An occupier who failed to sand an icy path was found liable even though no other neighbors in the area sanded their walkways. The court held that common practice does not define the legal standard — what matters is what a reasonable person would have done in the circumstances. This case establishes that “everyone does it this way” is not a defense.

Campbell v. Royal Bank of Canada, 2013 ONCA 49 (Ontario Court of Appeal) — The Ontario Court of Appeal confirmed that an occupier has a positive duty to inspect premises and address hazards — not merely to respond once a hazard is reported. Regular inspection records, maintenance logs, and cleaning schedules are therefore directly relevant evidence in commercial slip and fall claims.

These decisions confirm two practical points: an occupier cannot hide behind industry custom, and the absence of documented inspections can itself be evidence of a failure to meet the standard of care.

Step 7: Understand the Deadlines — This Is the Most Urgent Step

Two separate deadlines apply to slip and fall claims in Ontario — and missing either can eliminate your right to compensation entirely.

The 10-Day Municipal Notice Rule

If your fall occurred on property maintained by a municipality — a sidewalk, public pathway, park, or municipal road — Ontario’s Municipal Act, 2001 requires you to give written notice to the municipality within 10 days of the accident. This notice must describe the time, date, location, and nature of the accident. A general complaint or phone call is not sufficient — the notice must be in writing and sent to the correct municipal office.

Missing the 10-day notice deadline does not automatically end your claim — courts can sometimes excuse late notice where there is a reasonable explanation — but it creates a significant legal obstacle. Our detailed guide on the notice rule for slip and fall claims in Ontario explains when the deadline applies and how to comply.

The Two-Year Limitation Period

For falls on private property, the general Ontario limitation period gives you two years from the date of the accident to start a lawsuit. Missing this deadline permanently eliminates your right to sue — regardless of how serious your injuries are or how clearly the property owner was at fault.

Two years may sound like a long time, but the time to gather evidence, retain a lawyer, investigate liability, and build a strong case is best used early. Waiting until month 23 to seek legal advice is one of the most common — and most avoidable — mistakes in personal injury claims.

Private Property vs Municipal Property — Key Differences

Common Mistakes That Can Hurt Your Claim

• Waiting to see a doctor: A gap between the accident and medical treatment gives the defence room to argue the injuries were not caused by the fall
• Failing to report the incident: An undocumented accident is much harder to prove
• Throwing away damaged shoes or clothing: Physical evidence of the accident may be relevant to how the fall occurred
• Posting about the accident on social media: Photographs of activities you claim to be unable to do, or statements inconsistent with your injury, are routinely used by defense counsel and insurers
• Assuming surveillance footage will be preserved: It will not — request preservation immediately
• Missing the 10-day municipal notice deadline: The single most common fatal error in slip and fall claims on public property
• Speaking with the property owner’s insurer first: Their adjuster’s job is to minimize or deny your claim — get legal advice before giving any statement. See our guide on what to know about insurance recorded statements

When Should You Contact a Personal Injury Lawyer?

You should contact a lawyer immediately — not “soon” or “when things settle down” — if:

• The fall occurred on municipal property (10-day notice deadline)
• You suffered a serious injury — fracture, head injury, spinal injury, soft tissue injury requiring treatment
• The property owner or their insurer has already contacted you
• Your injuries affect your ability to work
• Surveillance footage exists at the scene
• The property owner or manager denied responsibility or became defensive
• You are unsure whether your fall occurred on public or private property

Our slip and fall legal services cover claims across Mississauga, Brampton, Oakville, Burlington, Milton, and the Greater Toronto Area.

Key Takeaways

Frequently Asked Questions

What is the most important thing to do immediately after a slip and fall in Ontario?

Get medical care the same day — even if you feel relatively uninjured. Some injuries, including concussions, ligament tears, and spinal damage, may not present symptoms immediately. Medical records created on the day of the accident establish a clear connection between the fall and your injuries. If the fall occurred on municipal property, contact a lawyer the same day — the 10-day written notice requirement is the most time-sensitive deadline in Ontario slip and fall law.

What is the 10-day notice rule for slip and fall on municipal property in Ontario?

Under Ontario’s Municipal Act, 2001, if you slip and fall on property maintained by a municipality — including sidewalks, public paths, parks, and municipal roads — you must provide written notice to the municipality within 10 days of the accident. The notice must describe the time, date, location, and nature of the accident. A phone call or general complaint is not sufficient. Missing this deadline creates a significant legal obstacle, though courts can sometimes excuse late notice where there is a reasonable explanation. Get legal advice immediately if the fall occurred on public property.

Can I sue a store if I slipped on a wet floor in Ontario?

Potentially yes. Commercial property owners have a duty under the Occupiers’ Liability Act to take reasonable steps to keep visitors safe. Whether a claim succeeds depends on whether the store knew or ought to have known about the wet floor, how long the hazard existed before the fall, whether warning signs were posted, and whether the store had adequate inspection and maintenance practices. A wet floor that was just created moments before the fall is treated differently from a recurring leak the store had been ignoring. The specific facts of the situation determine the strength of the claim.

How much compensation can I get for a slip and fall in Ontario?

Compensation in an Ontario slip and fall claim can include medical and treatment costs not covered by OHIP, lost wages and future income loss, pain and suffering (non-pecuniary damages), out-of-pocket expenses, future care costs, and in serious cases, Family Law Act claims for affected family members. The amount depends on the severity and permanence of the injuries, the impact on employment and daily life, and the strength of the evidence. See our guide on how pain and suffering damages are calculated in Ontario.

What if the fall happened on private property — can I still make a claim?

Yes. The Occupiers’ Liability Act applies to private property as well as commercial premises. Whether a claim succeeds depends on whether the occupier owed a duty of care to you, whether they breached that duty by failing to address a known hazard, and whether that breach caused your injuries. Private residential property owners owe a duty of care to invited guests. The 10-day municipal notice rule does not apply to private property falls — the standard two-year limitation period applies instead.

Do I need photos to make a slip and fall claim in Ontario?

Photos are not legally required, but they are often the most valuable evidence in a slip and fall claim. Hazardous conditions — wet floors, ice, broken tiles, missing signage — are frequently remedied within hours of an accident. A photograph taken at the scene may be the only evidence of the condition that caused the fall. If you are physically able to take photographs at the scene, do so before leaving.

Should I speak with the property owner’s insurance company after a slip and fall?

Not before getting legal advice. The property owner’s insurer is not your insurer — their adjuster’s professional obligation runs to their client, not to you. Giving a recorded statement before you understand your rights, before your full injuries are known, or before you have reviewed your legal options can significantly damage your claim. See our guide on insurance recorded statements in Ontario for what to know before any insurer contact.

How long do I have to make a slip and fall claim in Ontario?

For falls on private property, the general limitation period under Ontario’s Limitations Act, 2002 is two years from the date of the accident. For falls on municipal property, written notice is required within 10 days. These deadlines operate independently — the 10-day notice is an additional requirement for municipal falls, not a replacement for the two-year limitation period. Missing either deadline can eliminate your right to compensation. See our complete guide to Ontario’s two-year limitation period.