Winter Slip and Fall Liability: What to Do When Ice & Snow Conditions Hit

Winters in Hamilton are beautiful, but snow and ice can make it harder to keep our feet beneath us. Learn more about winter slip, trip, and fall hazards and how the Ontario Occupier’s Liability Act comes into play. 

Slip and falls can happen year-round, but we always see those numbers spike as snow, ice, freezing, and thawing all usher in the most “slippery” months. Whether a winter slip and fall causes minor bruises, tissue damage, or life-altering injuries, knowing your legal rights can help you face mounting medical bills, lost income, and other financial challenges as you recover. 

Can you sue for slipping on ice in Canada?

At The Morris Law Group, our team has represented clients in slip and fall cases. You may be entitled to compensation if your injury meets the legal criteria for negligence. Regardless of negligence, you may still be entitled to a fair insurance payout to help cover the expenses and financial losses you face. 

Read on to learn more about your rights in a winter slip and fall and where the liability lands.

What happens when you slip and fall on ice? 

First, let’s define slip and fall as any injury that occurs as the result of losing your footing, slipping, and falling to the ground. 

Slip and falls happen often enough on dry land, but when you add in ice and snow, you create a particularly dangerous surface. Ice makes it difficult to use traction to regain balance, leading to a quick and uncontrollable fall.

Your center of gravity shifts, and your body tries to compensate, making the chances of serious injury even worse. We feel a sudden impact, an awkward landing, and a lack of control as we hit the ground. 

What is the slip and fall law in Ontario?

In Ontario, we’re covered by the Occupier’s Liability Act, which builds a reliable framework through which we can sort out liability in each case. Whoever controls the property must owe a duty of “reasonable” care to anyone who enters it. If you set up a bear trap in your yard and someone steps into it, for example, you’re liable because you didn’t provide a reasonable amount of safety for visitors. 

But not every case of reasonable care is so cut and dry. When sidewalks are slick, and snow covers hazards, homeowners can still take reasonable care even when an injury is caused. 

What Constitutes “Reasonable Care”?

Reasonable care involves several factors, including:

• Property Type. If you have a commercial or heavily used property with constant foot traffic, the standards of care rise significantly compared to residential sidewalks or driveways.
• Hazard Severity. If the hazard is black ice, it’s considered more dangerous than a light dusting of snow. The worse the hazard and risk, the more occupiers owe to maintain the property’s relative safety.
• Foreseeable Nature. If the occupier could have reasonably expected a hazard to crop up, they must take action to reduce risk and care for the property.
• Speed of Response. If the occupier worked quickly to address the hazard, they are acting with the duty of reasonable care. 
•  

Know the Slip & Fall Laws

In late 2020, Ontario passed Bill 118, covering the Occupiers’ Liability Amendment Act. Any victims injured by snow or ice must give the occupiers or negligent parties written notice within 60 days of the accident if they want to pursue legal action within the 2-year statute of limitations. 

Even when an accident happens, you must understand the laws and follow them to ensure you’re able to pursue your claim and get the compensation you deserve. 

Comparative Negligence Standards in Slip & Falls

In Ontario, a slip and fall accident isn’t necessarily the fault of the property owner alone. If the injured party contributes fault to the accident, say by walking while texting on their phone or wearing inappropriate shoes, compensation will be reduced accordingly. 

So, if courts deem you 30% at fault for your accident, you’ll only receive 70% of the compensation from the other party. 

Can you sue for falling on sidewalk Ontario?

The Municipal Act of 2001 outlines that municipalities are not responsible for personal injuries due to snow or ice on sidewalks unless they’ve been “grossly negligent.” They have more relaxed guidelines around that duty of care, but they’re not untouchable—you simply need to prove they didn’t work reasonably to prevent snow and icy conditions from building up or festering. 

In one 2010 case in Toronto, the Ontario Court of Appeal ruled that gross negligence happened in a slip and fall case because 34 hours elapsed from when the city knew the sidewalks were dangerous to the time of response. The city only salted, but it was not considered a reasonable standard of care in the dangerous conditions. 

Can you get compensation for slip and fall?

Of course, you’re entitled to compensation if the reasonable standard of care isn’t upheld, and it contributed to your accident. Slip and fall injury settlement amounts vary by the severity of the case, the cost of your medical bills, and any other relevant financial losses you face as a result, but most fall within the $10,000 to $50,000 range. 

How is pain and suffering calculated slip and fall?

Beyond your medical costs and lost wages, you may be entitled to pain and suffering as a result of your accident. The multiplier method is most often used to calculate pain and suffering compensation, where the total financial losses are multiplied by 2 to 5, depending on the severity of your case and the fault level of the responsible party. 

The Morris Law Group—Slip and Fall Lawyers Near Me

Navigating the varied complexities of slip and fall liability in Ontario requires experienced legal guidance, especially with the nuances of Hamilton’s winter conditions. 

Our expert legal team at The Morris Law Group has successfully advocated for clients for 60+ years. We have the expertise and dedication to advocate for your best interests and help secure the justice you deserve after a winter accident.

Request a free consultation or call us at 905-526-8080 to learn more.