Most Common Personal Injury Claims in Winter & How to Prevent Them

Every winter brings a snowy delight to Ontario, but there’s also a much higher chance for many personal injuries to happen. Learn more about the most common personal injury claims in winter and how best to prevent them so you can safely soak up the last weeks of winter. 

Most Ontarians have a love-hate relationship with winter, and the 2024/2025 season has brought out both extremes. With extra snow on the ground and storms brewing every few weeks, car accident season is unfortunately in full swing. As the snow piles up and ice forms, so too does the number of personal injury claims we see.

But it’s not all bad news – ski, snowboard, and toboggan season is in full swing! 

And with a little preparation, you can prevent many of these issues from arising while still enjoying the best Canadian winter offers. 

In this blog, our team at The Morris Law Group will explore not just the legal aftermath of these incidents but the specific hazards of our Ontario winter so you can enjoy the season without fear. Read on to keep you and everyone else informed, prepared, and protected.

1. Winter Slip and Fall Accidents

What is the most common personal injury claim?

Slip and fall injuries can happen anytime throughout the year, but the wet winter months generally bring the most risk. You might step on a seemingly innocuous patch of black ice, a hidden layer of snow concealing uneven pavement, or a poorly maintained walkway, leading to serious injuries, from broken bones and concussions to spinal cord damage. A slip and fall injury can take even the youngest and fittest by surprise, with slippery winter ice to contend with. 

Why are Slips and Falls so Common in Winter?

• Ice and Snow. The presence of ice and snow inherently creates slippery surfaces. The freeze-thaw cycle, common in Ontario winters, exacerbates the problem, creating treacherous patches of nearly invisible black ice that are often difficult for people to see.
  

• Rushing. Most of us don’t enjoy walking in sub-zero temperatures, so many of us are walking quickly to get places – or trying to make up for the extra time it took us on the road and marching to reach our destination. The faster we move, the less likely we are to see distractions.
  
• Improper Footwear. Snow and ice are both slippery surfaces compared to bare pavement, and if your winter boots or shoe grips aren’t up to par, you’ll fail to maintain traction as you move. 
• Poor Lighting. Remember the sun? Us either. Much shorter daylight hours and inadequate outdoor lighting can make it difficult to see those icy patches.

Prevention Strategies: Taking Control of Your Steps

• Footwear is Key. Invest in sturdy, waterproof boots with good tread – even inexpensive brands have some great options. Consider using ice cleats or traction aids for added grip, especially on extra icy days.
  

• Walk Like a Penguin. It might feel silly to shuffle around like a penguin, but a shorter stride with your feet pointed outward increases your stability and keeps your center of gravity front and center.
  

• Slow Down Your Pace. We all know it takes longer to get places once the winter weather hits. Give yourself extra time to get where you’re going and avoid rushing. If you’ve accidentally not left enough time, call or text the other party, explain the situation, and stay safe – it’s much better to apologize proactively than to rush and hurt yourself for the sake of avoiding being late.
  

• Use Handrails. Handrails are legally required in many spaces – use them! Especially on stairs or sloped surfaces.
  
  
• Report Hazards. If you see something dangerous, report it to your municipality before it becomes someone else’s injury. 

Property Owners’ Responsibility: The Occupiers’ Liability Act

Can you claim compensation for falling on ice?

In Ontario, the Occupiers’ Liability Act means there’s a duty of care on every property owner and occupier, including businesses, homeowners, and municipalities, to maintain that space in a reasonably safe condition. What’s reasonable? Taking steps to remove snow and ice and to warn of any hazards without unneccessary delay. If any property owner or occupier fails to uphold this responsibility, you could have a case for their liability for injuries sustained in slip and fall accidents.

2. Car Accidents: Navigating Treacherous Roads & Highways

Winter driving in Ontario, especially on heavily trafficked highways like the QEW, is a masterclass in managing risk. Though they’re often well maintained, it’s not just the snow and ice that are an issue – it’s the sudden, unpredictable shifts in conditions that make it hard for our services to keep up.

Why are Winter Car Accidents so Prevalent?

• Reduced Traction. Winter’s snow and ice drastically diminish the crucial grip between your tires and the road surface, making it difficult for drivers to effectively steer, brake, and accelerate. Skidding and loss of control are a major, and common, issue. 
• Reduced Visibility. Heavy snowfall, blowing snow, freezing rain, and dense fog can severely limit a driver’s visibility, making it hard for us to see other vehicles on the road, pedestrians, road markings and lines, and potential hazards in time to react safely.
• Black Ice. Black ice is so deceptive because it’s thin, transparent, and often nearly invisible on the road. It’s a major danger for drivers, who are often unaware of its presence until it’s far too late to prevent a slide. 
• Driver Error. We’re all tested on winter driving conditions when we get our licenses, but over time, many people forget these special rules and best practices – especially if they never really experience them in person. Even experienced drivers can succumb to critical errors in winter conditions, such as driving at speeds unsafe for the reduced traction, maintaining an insufficient following distance, neglecting to thoroughly clear snow and ice from their vehicle (obstructing vision), or failing to set up their vehicle with appropriate winter tires, all of which dramatically increase the likelihood of an accident.

Prevention Strategies: Mastering Winter Driving

• Winter Tires are Essential. Equip your vehicle with winter tires. These tires have a different tread pattern type and rubber compound designed to provide better grip on snow and ice.
  

• Slow Down. Reduce your speed and increase your following distance. Give yourself ample time to react to changing conditions.
  

• Clear Your Vehicle. Completely clear snow and ice from your windows, mirrors, and lights before driving.

• Stay Alert. Pay close attention to the road and surrounding traffic. Avoid distractions like using your phone.
  

• Know Your Vehicle. Understand how your vehicle handles in all conditions – including winter. Practice braking and steering in a safe, controlled environment (like an empty parking lot).
  

• Plan Ahead. Check the weather forecast and road conditions before you leave. If conditions are severe, consider delaying your trip.
  

• Emergency Kit. Always have a well-stocked emergency kit in your car.
  
  

3. Other Common Winter Injury Claims

While slips and falls and car accidents are the most frequent we see, other types of personal injury claims also arise during the winter months.

• Falling Ice/Snow. Heavy accumulations of snow and ice on rooftops can become dangerous projectiles, causing serious injuries like head trauma or fractures when they fall.
• Winter Sports Accidents. Activities like skiing, snowboarding, and tobogganing, while enjoyable, come with inherent risks of injuries ranging from sprains and fractures to concussions.
• Frostbite. Prolonged exposure to frigid temperatures can cause frostbite, damaging skin, and underlying tissues, particularly in extremities like fingers, toes, ears, and nose.
• Shoveling Injuries. That repetitive strain and heavy lifting involved in snow shoveling can lead to serious back injuries, strains, and even heart problems if not done with proper technique.
• Dog Bites. Increased indoor confinement during winter months can sometimes lead to heightened canine agitation and a greater risk of dog bites.
• Carbon Monoxide Poisoning. Improperly ventilated heating systems, especially during winter when homes are sealed tightly, can lead to dangerous and potentially fatal carbon monoxide buildup.

The Morris Law Group—Winter Personal Injury Attorneys Hamilton

Winter in Ontario presents very real challenges, but with awareness and proactive care, most accidents and winter personal injury claims can be avoided. However, if you or a loved one has been injured due to someone else’s negligence this winter, we’re here for you. 

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 an unfortunate winter accident. 

Request a free consultation or call us at 905-526-8080 to learn more and speak with a personal injury attorney.