SLIP & FALL
Slip, trip and fall incidents can be quite serious and often cause severe injuries including strains, sprains, tears and fractures. A fall accident can occur anywhere including on public transit, in grocery stores, on public property such as a city sidewalk, on private property including residential homes, on commercial property and even while you are stepping out of a vehicle. Anyone can be a victim of another’s negligence and disregard for public safety.
Occupiers’ Liability Amendment Act in Ontario
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The Ontario provincial legislature passed the Occupiers’ Liability Amendment
Act or Bill 188 on December 3, 2020. It took effect in January 2021 after receiving royal
assent from Ontario’s Lieutenant Governor. The new law requires slip and fall claimants to
provide written notice to a property owner, property manager, snow removal contractor, or tenant
within 60 days of the incident. The previous period was two years. The written notice must also
include the location, date, and time of the incident. For a slip and fall on
municipal property, you must provide the city with written notice of the fall, the time,
the date, and the location within ten days of the incident by
service on the City Clerk or by registered mail. Neither timeline applies if
the fall results in death.
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Occupiers’ Liability Act
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Anyone who has control over a property and its use, including owners, tenants, or manager of
activities on the property, is considered an ‘occupier’ of the property. The owner/occupier can be found
negligent if they are found not taking due care for people’s safety. They can be held responsible if someone
is injured as a result of these unsafe conditions. If there are temporary unsafe circumstances on a
property, such as areas under repair, these must be clearly identified so that
visitors are properly warned of the hazard.
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What to Do?
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If you’ve fallen, there are a few things to remember:
1. Take your time getting back up after a fall. Sometimes embarrassment causes us to try to brush
off the incident and reassure others that we are all right, but you may be more seriously injured than
you first realize.
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2. Seek medical attention immediately. Keep track of any doctors you see and any medication you
receive and follow any prescribed treatment carefully.
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3. Document the accident as thoroughly as you can by writing a detailed personal account as soon
as possible, taking photographs of the scene, and getting the names and contact information of
any witnesses. Contact ECHEVERRIA LEGAL SERVICES, we can advise you about your
situation and provide you with information about your options.
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4. Our legal professional will help you to get the best possible medical treatment, and
will work hard to get you the compensation you deserve. We understand that when you’re injured,
you may be under financial and emotional stress. That’s why we work on a contingency basis, which means
you don't pay until you get your compensation!
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