Krylov Lam & Company

Can You Sue After a Slip and Fall on Private Property in Ontario?

On behalf of: Peter Zito | Posted in: Personal Injury, Slip & Fall Accidents on: Sunday, September 6, 2026

A person injured in a fall at a store, apartment building, parking lot, restaurant, private home or other property may have a claim, but compensation is not automatic. Ontario’s Occupiers’ Liability Act generally requires an occupier to take reasonable care to keep people reasonably safe in the circumstances.

Who is an occupier?

An occupier may be a person or company with physical possession of the property or responsibility and control over its condition and activities. Depending on the location, there may be more than one occupier, such as an owner, tenant, property manager or maintenance contractor.

What must usually be examined?

  • What hazard caused the fall?
  • How long had the hazard existed?
  • Did the occupier know, or should it reasonably have known, about the risk?
  • Were reasonable inspection, cleaning, maintenance or warning procedures followed?
  • Did the injured person take reasonable care for their own safety?

Evidence can disappear quickly

Spills may be cleaned, snow removed, lighting repaired and video overwritten. Report the fall promptly and ask that incident reports and video be preserved. Photograph the exact hazard and surrounding area, including warning signs or the absence of them.

Medical and loss records matter

Seek medical care and describe how the fall occurred. Keep records of diagnosis, treatment, missed work, transportation, medication and assistance required at home. These documents help connect the incident to the injury and show its practical impact.

Could responsibility be shared?

Yes. If an injured person failed to take reasonable care, damages may be reduced for contributory negligence. Footwear, visibility, distractions, warnings and the nature of the hazard can all become relevant, but no single factor decides every case.

Do not assume the ordinary two-year period is the only deadline

Ontario has special notice rules for some snow-and-ice and municipal claims. Those notice periods can be much shorter than the general limitation period, so legal advice should be obtained promptly.

See Krylaw’s Personal Injury FAQs for more slip-and-fall questions.

Official resource

Ontario Occupiers’ Liability Act

This article provides general legal information as of September 2026 and is not legal advice. Liability and deadlines depend on the property, hazard and evidence.

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