Who Is Responsible for a Slip and Fall in Ontario? Understanding Liability

If you slip and fall in Ontario, your first question is often: Who is responsible?
In many cases, the answer isn’t obvious. Liability depends on where the fall happens, who controls the property, how the hazard forms, and whether the people responsible maintain the area properly.

This guide explains who may be at fault, how we determine liability, and the steps you should take next.

Ontario’s Occupiers’ Liability Act: The Basic Rule

In Ontario, responsibility for a slip and fall is governed by the Occupiers’ Liability Act.

An “occupier” is anyone who:

• Owns the property
• Controls the property
• Manages the property
• Maintains the property

Who Can Be Responsible for a Slip and Fall in Ontario?

Liability depends on where the fall occurred. Below are the most common parties who may be at fault.

✅ 1. Property Owners (Homes, Businesses, Landlords)

Property owners are responsible for maintaining:

• Entrances
• Walkways
• Stairs
• Parking lots
• Common areas
• Floors inside the building

If unsafe conditions caused your fall, the owner may be liable.

✅ 2. Commercial Businesses

Stores, malls, restaurants, gyms, and other businesses must ensure:

• Floors are dry and safe
• Spills are cleaned quickly
• Aisles are clear
• Carpets and mats lie flat
• Warning signs are used properly

If poor maintenance or staff inattention caused your fall, the business may be at fault.

✅ 3. Property Management Companies

In condos, apartment buildings, office towers, and shopping centres, maintenance may be handled by a separate property management company.

They may be responsible for:

• Cleaning
• Floor inspections
• Lighting
• Repairs
• Hazard prevention

If they neglect these duties, liability may shift to them.

✅ 4. Snow and Ice Removal Contractors

Ontario winters are unpredictable, and many property owners hire contractors for snow and ice clearing.

Contractors may be responsible if:

• They failed to apply salt or sand
• They didn’t clear snow on time
• They didn’t follow the contract requirements
• They did poor or incomplete work

In snow and ice cases, liability often involves both the property owner and the contractor.

✅ 5. Landlords and Condo Corporations

In rental buildings and condo complexes, owners are responsible for maintaining:

• Hallways
• Lobbies
• Parking garages
• Sidewalks
• Stairwells
• Exterior pathways

If unsafe conditions caused your fall, the landlord/condo board may be at fault.

✅ 6. The Municipality (City of Toronto and Others)

If you slipped on a municipal sidewalk, park pathway, or public area, the city may be responsible.

But these cases have strict rules:

• You must give written notice within 10 days of the fall
• The hazard must meet specific legal standards
• Evidence must be collected quickly

How Do You Prove Liability in a Slip and Fall?

To hold someone responsible, you must show that:

1. A dangerous condition existed, such as:

• Ice or snow
• Wet floors
• Poor lighting
• Uneven pavement
• Torn carpeting
• Spills or debris

2. The occupier knew about the hazard, or should have known, and

3. They didn’t fix the hazard, warn about it, or prevent the danger.

Your lawyer helps gather:

• Photos and video
• Witness statements
• Maintenance records
• Weather and temperature data
• Incident reports
• Expert assessments
• Medical documentation

Strong evidence leads to stronger claims.

What If More Than One Person Is Responsible?

This is very common.

In Ontario slip and fall cases:

• A property owner may be partly at fault
• A contractor may be partly at fault
• A tenant may also share responsibility
• The municipality may be involved

Liability can be split between multiple parties — each contributing to the final settlement.

Can You Be Partly at Fault? (Contributory Negligence)

Sometimes the insurance company argues you were partly responsible.

This may include:

• Wearing improper footwear
• Walking while distracted
• Ignoring visible hazards
• Entering a restricted area

If you’re found partially at fault, your compensation may be reduced by that percentage.
Your lawyer will work to minimize these deductions.

When Should You Contact a Lawyer?

You should reach out immediately if:

• You were injured
• The property owner denies responsibility
• You’re unsure who is at fault
• More than one party may be involved
• The fall happened on snow or ice
• The fall happened on municipal property
• You missed work or may need long-term treatment

Free Consultation: Find Out Who Is Responsible for Your Slip and Fall

If you were injured in a slip and fall in Ontario, you don’t have to determine liability on your own.
We can help you understand who is responsible and what compensation you may be entitled to.

• ✅ Free consultation
• ✅ No upfront fees
• ✅ Millions recovered for injured Canadians
• ✅ Canada’s most-reviewed personal injury and disability law firm

Speak to a Slip and Fall Lawyer in Ontario Today.