Abstract:
Slip and fall accidents are common in Ottawa, especially during the winter. Yet many injured people are unsure whether their fall is simply an unfortunate accident or a case of legal negligence, and when it makes sense to speak with Ottawa slip and fall lawyers about their options.
In this blog, QTMG Personal Injury Lawyers explain how courts analyze slip and fall cases, what must be proven to establish negligence, and how special rules apply when injuries occur on municipal property or are caused by snow and ice. We also outline the essential steps to take after a fall, the types of evidence that make the biggest impact, and how our team helps Ottawa residents build strong claims while meeting tight deadlines.
If you’re looking for a step-by-step explanation of how these duties apply in everyday situations, our blog “A Guide to Slip and Fall Injuries in Ottawa: Your Legal Rights and Compensation” walks through common scenarios in more detail.
Ottawa’s climate makes slip and fall accidents a year-round risk, icy sidewalks in winter, wet floors during spring melt, and uneven outdoor surfaces in summer and fall. Many people who fall are left wondering:
“Was this just bad luck, or did someone fail to take proper care of their property?”
The answer often lies in negligence. In Ontario, slip and fall claims are usually governed by the Occupiers’ Liability Act, which requires those who control premises to take reasonable steps to keep people safe. https://www.ontario.ca/laws/statute/90o02
This blog explains when a slip and fall crosses the line from “accident” to “actionable negligence,” and what Ottawa residents need to know about evidence, deadlines, and next steps.
Understanding the Legal Framework: Occupiers’ Liability in Ontario
Under the Occupiers’ Liability Act, an “occupier” includes not only owners, but also tenants, managers, and others who have control over a property. These occupiers owe a legal duty to take reasonable care in all circumstances to see that people entering their premises are reasonably safe.
This duty can apply to:
- Private homes and rental properties
- Stores, malls, offices, and restaurants
- Parking lots and walkways
- Condominiums and apartment building common areas
- Many public spaces and recreational facilities
To succeed in a claim, an injured person generally must prove:
- The occupier owed them a duty of care (usually straightforward).
- The occupier breached that duty by failing to act reasonably.
- That breach caused or materially contributed to the fall and injuries.
- They suffered compensable damages (physical, financial, emotional).
When Is a Slip and Fall “Just an Accident”?
Not every fall means someone was negligent. Courts look at the reasonableness of the occupier’s conduct, not whether they prevented every possible mishap.
A fall may be considered an accident when, for example:
- A hazard appeared only moments before the incident, giving no realistic opportunity for staff to discover and fix it.
- The occupier had a reasonable maintenance and inspection system in place, and records to prove it.
- The hazard was obvious and avoidable, yet the injured person took unreasonable risks.
In those situations, even serious injuries may not translate into legal liability.
When Does a Slip and Fall Become Negligence?
A slip and fall tends to become a negligence claim when the occupier knew or should have known about a hazard and failed to take reasonable steps to address it. Common examples include:
- Snow and ice not properly cleared from walkways, stairs, or parking lots for an unreasonable period, especially after repeated complaints.
- No inspection system or inadequate inspection logs for busy areas where spills or tracked-in water are foreseeable.
- Broken or uneven surfaces (cracked tiles, potholes, loose handrails) that remain unrepaired for weeks or months.
- Poor lighting that makes it difficult to see steps, curbs, or elevation changes.
- Failure to warn visitors of known hazards, such as a “wet floor” with no signage.
Negligence doesn’t require perfection. The question is whether the occupier’s system and response were reasonable for that type of property, in those conditions, at that time.
Special Rules for Municipal vs. Private Property
While the basic principles of negligence apply to most slip and fall cases, the rules can change depending on where your fall occurred. In Ottawa, there are important differences between accidents on municipal property (like city sidewalks or roads) and those on private property (such as store parking lots or apartment walkways), including unique notice deadlines and procedural requirements. Understanding these distinctions is essential to protecting your right to bring a claim.
Slip and Falls on Municipal Property
When a slip and fall accident occurs on a municipal sidewalk, road, park, or similar area, the Municipal Act, 2001 applies. Municipalities must keep roads and sidewalks in a reasonable state of repair, but there are special protections in their favour. One of the most important is the 10-day written notice requirement. https://ottawa.ca/en/3-1-1/report-or-request/claims-city
In many cases, you must:
- Provide written notice within 10 days of the accident;
- Include the date, time, and location; and
- Deliver the notice to the proper municipal office.
If you miss this deadline, the municipality may argue that your claim is barred. Courts can make exceptions where there is a reasonable excuse and no prejudice, but these are not guaranteed.
Slip and Falls on Private Property Due to Snow or Ice
For falls on private property (e.g., store parking lots, residential driveways, apartment walkways) caused by snow or ice, recent amendments to the Occupiers’ Liability Act under Bill 118 added an extra notice requirement. https://www.ontario.ca/laws/statute/90o02
In many of these cases, an injured person must:
- Serve written notice within 60 days of the incident;
- Provide details of the date, time, and location; and
- Serve notice on both the occupier and, where applicable, any independent snow removal contractor.
Failure to comply can seriously affect your ability to pursue a claim, subject to limited exceptions. Because of these short timelines, it is crucial to seek legal advice as soon as possible after a fall.
For a focused look at this new 60-day notice rule and what it means for people injured on snow or ice, see our blog “Suffered a Slip and Fall on Ice? – Keep in Mind the New 60-Day Notice Requirement!”
Evidence That Helps Prove Negligence in a Slip and Fall Case
As with any personal injury claim, evidence is the foundation of a successful slip and fall case.
Key types of evidence include:
- Photos and videos of the scene taken as close in time as possible to the fall, showing:
- The hazard (ice, water, debris, broken step)
- Weather conditions and lighting
- Absence of warning signs or mats
- Your footwear and clothing, preserved in the condition they were in at the time of the fall.
- Witness statements from people who saw the fall or can speak to the condition of the area beforehand.
- Incident reports completed with store staff, property managers, or security.
- Maintenance and inspection records, such as snow-removal logs, cleaning schedules, and prior complaint records (often obtained later through legal channels).
- Medical records documenting your injuries and linking them to the fall.
Gathering and preserving this material early makes it harder for insurers to argue that no hazard existed or that your injuries are unrelated.
What to Do After a Slip and Fall in Ottawa
If you are able, consider taking these steps:
- Seek medical help right away and describe all your symptoms.
- Take photos and videos of the hazard and surrounding area as soon as possible.
- Report the incident to the property owner, manager, or municipality and request an incident report.
- Collect witness contact information.
- Preserve your footwear and clothing without cleaning them.
- Write down your recollection of what happened while it is fresh.
- Contact a personal injury lawyer to discuss notice requirements and limitation periods.
How Long Do You Have to Start a Slip and Fall Claim?
In addition to the 10-day and 60-day notice rules, Ontario’s Limitations Act, 2002 generally gives injured people two years from the date they knew, or reasonably should have known, they had a claim to start a lawsuit.
Special rules may apply for:
- Minors (under 18)
- Individuals under disability
- Cases where the injury was not immediately discoverable
Because these rules are complex, it is risky to assume you have “lots of time.” A brief consultation with a lawyer can clarify your time limits and help protect your rights.
How QTMG Helps Slip and Fall Victims in Ottawa
Slip and fall cases demand careful investigation, quick action on notice requirements, and a thorough understanding of Ottawa’s climate and property standards. Drawing on decades of experience, QTMG Personal Injury Lawyers:
- Analyze whether your fall likely meets the threshold for negligence
- Move quickly to secure surveillance footage, maintenance logs, and weather data
- Coordinate medical and rehabilitation evidence to document the full impact of your injuries
- Navigate the complex interplay of the Occupiers’ Liability Act, Municipal Act, and Limitations Act
- Negotiate with insurers or, where necessary, pursue litigation to seek fair compensation
We offer free consultations and work on a contingency-fee basis; you do not pay legal fees unless your case is successful.
If you’ve been injured in a slip and fall in Ottawa, contact QTMG today or visit www.ottawalawyers.com to schedule your free case evaluation.
