Temperatures have dropped, the days are short, and the trees are bare. To navigate the cold and icy months ahead, Canadians are faced with several options. The first is to stay indoors and hibernate. This could involve cozying up by the fireplace, sipping hot chocolate, and binge-watching shows on Netflix. A second option is to head south for a hit of sunshine. Yet another option is to bundle up, get outside, and take part in some winter activities. Canada is considered by many to be an ideal spot for skating, skiing, ice fishing, tobogganing, horseshoeing, etc. If you find yourself drawn to such adventurous pastimes, you’ll reap the benefits of brisk exercise and fresh air as you bask in the country’s natural landscapes. However, among Winter Wonderland activities, there also lies the real risk of seriously injuring oneself. Chief among these injuries are “slip and fall” accidents.
What is a Slip and Fall?
Slip and fall accidents occur when a person slips and falls on another person’s property. This can happen for a variety of reasons, but it is often the case that the property in question was not properly maintained.
Who’s at Risk?
Slip and falls are unfortunately common in Canada. According to a report released by the Canadian Institute of Health Information (CIHI), unintentional falls are the most frequent cause of hospitalizations and emergency department visits for injury and trauma. Data suggests that older adults are at a significantly higher risk; 71% of those hospitalized after unintentional falls are aged 65 years and older.
This fact is especially troubling given Ontario’s rapidly aging population. Senior citizens are the province’s fastest-growing age group. According to population projections published by the Ontario Ministry of Finance in 2024, the number of seniors is expected to jump from 2.9 million in 2023 to 4.7 million in 2051. In all likelihood, as more and more Canadians enter their golden years, slip and fall incidents will be on the rise.
What Kinds of Injuries Can Be Sustained?
Slip and fall accidents can be relatively benign. But in some cases, they can lead to serious consequences. Some of the most common injuries that people experience after a slip and fall include:
- Fractures and broken bones
- Head injuries (including concussions and traumatic brain injuries)
- Back and spinal cord injuries
- Soft tissue injuries (including sprains, strains, and contusions)
- Cuts and lacerations
In the most extreme situations, slip and fall accidents can lead to paralysis or even death.
The physical injuries sustained during a slip and fall can take a major toll on victims’ lives. They are often required to undergo extensive medical treatment and rehabilitation. In addition to their physical injuries, victims of slip and fall accidents can experience mental and emotional repercussions. After the accident, victims might deal with fear, anxiety, and depression. These mental states can be detrimental to victims’ recovery and can negatively impact their general well-being. To manage the mental and emotional consequences of a slip and fall, treatment by a psychologist or other mental health professional might be recommended.
What Causes Slip and Falls?
Slip and fall accidents typically occur when property owners fail to deal with the following elements:
- Wet or greasy floors
- Electrical cords
- Loose debris
- Poor lighting
- Cluttered walkways
- Cracked sidewalks
Inclement weather—which Canadians are intimately familiar with—is also a major factor. Snow, rain, hail, and ice can create hazardous conditions that lead to slippery surfaces, causing the victim to lose their balance and fall.
How does Ontario Law Deal with Slip and Falls?
The Occupier’s Liability Act
Victims of slip and fall accidents can seek legal recourse. They are advised to enlist the services of a qualified personal injury lawyer who can educate them about their rights and advocate on their behalf.
In Ontario, there is a well-established legal framework for dealing with slip and fall cases. They are governed by the Occupiers’ Liability Act, which sets out the duties and obligations of property owners, also referred to as “occupiers.” The Occupiers’ Liability Act states that occupiers must ensure that their premises are reasonably safe for visitors. This is a positive duty and could take several different forms. In the case of winter weather conditions, the duty might include salting icy sidewalks, ensuring that premises are adequately lit, and removing snow from sidewalks, parking lots, and driveway entrances in a timely fashion.
If the occupier fails in their duty to maintain their premises such that visitors are reasonably safe, the Occupiers’ Liability Act allows victims to seek compensation from the occupier through legal action. Such compensation is meant to cover damages incurred as a result of the slip and fall, such as medical expenses, lost wages, and pain and suffering.
Statute of Limitations
In December 2020, the Occupier’s Liability Act was amended by Bill 118, Occupiers’ Liability Amendment Act. The amendment provides that a person who intends to sue an occupier to recover damages for personal injury caused by snow or ice must act within 60 days of the incident. If the victim does not serve the occupier with a written notice of the claim within the statute of limitations, their action will be barred from proceeding.
What Should You Do After a Slip and fall?
If you find yourself in the aftermath of a slip and fall accident, here are some concrete steps you can take:
- Seek medical treatment: Even if your discomfort is minimal or your injuries seem mild, you should seek the assistance of a qualified medical professional as soon as possible. This is especially important for elderly people, as their injuries often worsen over time.
- Report the accident: Notify the occupier of the premises where the slip and fall took place.
- Document your observations: A strong case against a property owner requires solid evidence. You should gather as many details as you can about the sequence of events, the premises, and your injuries.
- Contact a lawyer: A qualified personal injury lawyer can guide you through the legal process and help you seek the financial compensation you deserve.
Inevitable Risk of a Slip and Fall
Dealing with cold, ice, and snow is part and parcel of surviving a Canadian winter. While many of us are already vigilant and aware of our surroundings, accidents can happen regardless; they can strike anyone at any time. No matter what, stepping outside in the winter creates the risk of a slip and fall. This is true whether you’re hitting the slopes or merely crossing the street for groceries. Understanding what constitutes a slip and fall accident per Ontario law may be the difference in getting the compensation you deserve.
Contact Campbell Litigation in Waterloo for Assistance with Your Personal Injury Claim
The experienced personal injury law team at Campbell Litigation regularly helps individuals who have been involved in slip and fall accidents, among other personal injury matters such as spinal cord injuries, and social host liability. We provide each client with an assessment of their circumstances and advise them on their rights and options moving forward. To speak with an experienced personal injury lawyer, call us at 519.886.1204 or contact us online today.
