Slip and fall incidents are a major cause of injury. They can result in fractures, torn ligaments, torn muscles and other ailments that require surgery. If you have been injured as a result of a fall may be entitled to recover compensation under common or statutory law.

A slip and fall incident refers to a situation in which a person is injured due to a slip or trip and fall caused by a dangerous condition on the premises. Such falls can occur at homes, offices, malls, schools, grocery stores, parking lots, sidewalks and the like. They can result from bad flooring, ice, wet surfaces, loose carpeting, potholes, poor lighting, uneven pavements or unexpected dangers.

In Ontario, slip and fall incidents are primarily governed by the Occupiers’ Liability Act. It imposes a duty of care on occupiers of premises.

This means persons and/or corporations that have possession, responsibility and/or control over the premises are subject to the duty of care under the Act. The Act provides for a wide ambit of persons who may be considered occupiers, which may include tenants, landlords, security companies as well as snow-removal and cleaning companies. It also specifies that there can be more than one occupier of the same premises.

The Act stipulates that an occupier of premises owes a duty to take reasonable care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. This is an affirmative duty requiring the occupier to inspect and take the reasonable steps necessary to ensure its premises are safe from dangers. It applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises. While this duty of care is an affirmative one, it does not create a presumption of negligence when someone is injured on the occupiers’ premises. The plaintiff must be able to show that the occupier did or failed to do some act that ultimately caused the injury. In other words, it must be shown that the occupier did not meet the standard of care.

The standard of care requires occupiers of privately owned premises to take reasonable care to ensure the premises are reasonably safe. Although reasonableness is based on an objective standard of what a reasonable person would do, what is reasonable can vary from one place to another depending on the visitor and the nature of the risk. By way of example, in cases where a premise has more hazards than others, it may be reasonable for the occupier to take additional steps to ensure the safety of the premise. Ultimately, every case is different and the court will consider all the circumstances in determining whether or not the occupier took reasonable care to ensure the premise was reasonably safe. If you have been injured in a slip and fall incident, contact us for a free consultation.