Toronto Slip and Fall Accident Lawyers
Insurance companies know that we are not afraid to go trial
A slip and fall accident can change your life in a moment. From broken bones to permanent disability, the consequences of a slip and fall can be devastating. When your accident was caused by negligence, the personal injury lawyers at Smitiuch Injury Law can help you recover the financial compensation you deserve.
Our team of slip and fall lawyers have extensive experience helping clients in the aftermath of an accident. We recognize the importance of taking the time to understand the details of your case. We're committed to working towards achieving the best possible outcome. We know exactly what to do because we’ve been doing this work for years in Toronto, Etobicoke, and throughout the GTA.
“After suffering serious injury to my leg from a slip and fall accident, a friend advised me to call Smitiuch Injury Law. From the moment I met Peter Cho I knew I was in good hands… As a result of Peter's hard work and dedication in obtaining justice for his client, we reached a settlement I am very happy with. I can finally put closure to this traumatic incident and move on with my life.” — Cindy B.
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Google Average Rating: 4.9/5 stars, 112 reviews
FAQs about Toronto Slip and Fall Accident Claims
- How do slip and falls happen in Toronto?
- What should I do immediately after a slip and fall accident?
- How do I know if I have a valid slip and fall claim?
- How long do I have to file a slip and fall lawsuit in Ontario?
- What types of compensation can I recover after a slip and fall?
- What is occupiers’ liability and how does it apply to my case?
- Will my case go to court?
- What if my fall happened on government-owned property?
- How much is my slip and fall case worth?
How do slip and falls happen in Toronto?
Despite the name, slip and fall accidents occur under a wide range of circumstances and can take many forms. A slip and fall accident can happen due to:
- An uneven sidewalk
- Spills
- Improper lighting
- Bags or wrappers on the floor
- Recently mopped floors
- Being struck by an unsecured display
- Loose floorboards
- Damaged carpeting
- Missing handrails on stairs
A slip and fall accident can happen anywhere – including parking lots, supermarkets, warehouse stores, restaurants, bars, shopping malls, hospitals and people’s homes.
The process of filing a slip and fall lawsuit or claim is complicated. From understanding occupiers' liability to recognizing whether or not the settlement you are offered is fair, it is important to have a thorough understanding of the way that the legal system works. At Smitiuch Injury Law, we are committed to providing our clients with help when they need it the most. We leverage our knowledge of insurance company tactics to challenge unfair settlement offers and vigorously fight for your right to receive the support that you are entitled to.
Our legal team investigates your accident to learn the facts. We gather evidence, review relevant documentation and interview witnesses. If needed, we consult with experts who can help us understand how the accident happened. Our lawyers know how to build strong cases that insurance companies have to take seriously.
What should I do immediately after a slip and fall accident?
After a slip and fall, it’s easy to feel rattled or unsure of what to do next. But the steps you take immediately afterward can make a big difference in both your recovery and any potential claim you might file. Here’s what to do next:
- Put your health first: If you’re seriously hurt, call for help right away. Even if you feel okay, it’s smart to get checked out. Some injuries can take hours or even days to show symptoms.
- See a doctor right away: A timely medical evaluation helps protect your well-being and creates a clear record linking your injuries to the fall. This is critical if you pursue a claim later on.
- Document the slip and fall scene: Take photos or videos of whatever caused you to fall. This could be a slippery floor, cracked pavement, or debris. Be sure to note the exact time and location.
- Get witness information: If anyone saw what happened, ask for their names and contact details. Witnesses can help back up your version of events.
- Report the incident: Notify the property owner, manager, or staff member right away. Ask them to create an incident report, but don’t speculate or place blame, as this can later be used against you. Just stick to the facts.
- Get legal help: If there’s any chance your fall was due to negligence, speak to an experienced Ontario personal injury lawyer at Smitiuch Injury Law as soon as possible. Early guidance can help you make smart choices and preserve your right to seek compensation.
How do I know if I have a valid slip and fall claim?
To have a valid slip and fall claim in Ontario, you’ll need to show that someone else’s negligence led to your injury. This typically means proving three things:
- The property owner or occupier owed you a duty of care.
- They failed in that duty.
- That failure directly caused your injury.
For example, if a store owner knew about a spill and didn’t clean it up in a reasonable time, and you slipped as a result, that could be negligence. On the other hand, if you tripped over something clearly marked or obvious, the owner might not be held responsible.
Timing and circumstances matter, too. Were you legally on the property? Was the hazard something the owner knew (or should have known) about? Was there proper lighting? Were there warning signs about the dangerous hazard? Every case is different, which is why it’s worth speaking to an Ontario personal injury lawyer who can assess whether the conditions of your fall meet the legal standards for a claim.
How long do I have to file a slip and fall lawsuit in Ontario?
In Ontario, the general limitation period for filing a slip and fall lawsuit is two years from the date of the accident. That means you have up to two years to take legal action against the responsible party. If you miss this step, your claim could be barred entirely, regardless of the two-year window. Acting quickly helps preserve evidence and ensures you don't miss any deadlines that could affect your right to compensation.
What types of compensation can I recover after a slip and fall?
If you were injured in a slip and fall, you may be entitled to compensation for both financial and personal damages, the legal term for financial losses. The amount and type of compensation you get depends on the details of your case, but here are some common forms of recovery:
- Medical expenses: This includes the cost of emergency care, hospital visits, doctor appointments, medication, physiotherapy, and any future treatment you may need.
- Lost income: If your injury caused you to miss work, you can seek compensation for the wages you lost during your recovery.
- Reduced earning capacity: If your injury affects your ability to return to work or limits the kind of work you can do, you may be eligible for additional compensation.
- Pain and suffering: This covers the physical pain, emotional distress, and mental toll the injury has taken on your life.
- Rehabilitation and support services: In more serious cases, you may need long-term rehabilitation, mobility aids, or even in-home care, all of which can be included in your claim.
What is occupiers’ liability and how does it apply to my case?
Occupiers’ liability refers to the legal responsibility of property owners, landlords, tenants, or anyone in control of a space to keep that property reasonably safe for people who enter it. In Ontario, this duty is outlined under the Occupiers’ Liability Act. If you slip and fall because of a hazardous condition (for example, an unshoveled walkway, poor lighting, or a hidden tripping hazard) the person or company responsible for the property could be held liable (legally responsible) for your injuries.
This duty applies to business owners, private homeowners, renters, and municipalities. To have a valid case, you must show that the occupier failed to take reasonable care to prevent the danger or didn’t fix it in a timely manner. Just being injured on someone else’s property doesn’t automatically make them responsible. That’s why these cases often hinge on the specific facts, including:
- What caused your fall
- How long was the hazard there
- Whether the occupier took appropriate steps to keep people safe
A lawyer can gather evidence that builds a strong case for negligence.
Will my case go to court?
Most slip and fall cases in Ontario don’t go to court; they’re settled through negotiations between the injured party and the property owner’s insurance company. Settlements are often faster, less stressful, and more cost-effective than going to trial. Whether or not your case ends up in court depends on how strong your evidence is, whether the other side accepts liability, and whether you can agree on a fair amount of compensation.
If the insurance company denies your claim or makes a lowball offer, we’ll be prepared to move forward with a lawsuit. Even then, many slip and fall cases still settle before reaching a courtroom. Trials are generally a last resort, used when both sides are too far apart on the facts or damages, meaning the financial impact of the injury. We can walk you through the pros and cons of each step and help you decide what’s best for your situation.
What if my fall happened on government-owned property?
If you slip and fall on property owned by a city, town, or other level of government in Ontario, the process is different – and the timelines are much shorter. Under Ontario law, you must give written notice of your intent to sue within just 10 days of the slip and fall accident. This notice has to go to the right municipal or provincial department and should include the date, time, location of the incident, and a brief description of what happened.
If you miss this deadline, your right to compensation could be lost. Government entities also have special protections, and the burden of proof may be higher than in cases involving private property. That’s why it's so important to act quickly and seek legal advice right away. Smitiuch Injury Law can help you prepare the proper notice, gather evidence, and build a strong case while staying within the strict rules that apply to municipal injury claims.
How much is my slip and fall case worth?
There’s no simple formula to figure out what a slip and fall case is worth, because every situation is different. The value of your claim depends on several key factors, including:
- The seriousness of your injury: A minor sprain won’t be treated the same as a broken bone, a head injury, or something that requires surgery or long-term rehabilitation.
- How your life is affected: Are you able to go back to work? Can you still care for your children, manage your home, or take part in your usual activities? The more your life is disrupted, the more compensation you may be entitled to receive.
- Your financial losses: This includes medical expenses, prescription costs, lost wages, and any future care you might need. These numbers can add up quickly and significantly impact your claim.
- Proof of liability: If there’s strong evidence that the property owner was careless (for example, failing to clear ice or repair a known hazard in a timely manner), your case may have more value.
An experienced lawyer can give you a better idea of how much compensation you can expect to recover.
We take the stress out of the legal process
As the victim of a slip and fall accident, you have a lot on your plate. Standing up to insurance companies, navigating occupiers' liability, and fighting for your right to compensation should not be done without professional support. Our firm has been helping victim hurt in slip and fall accidents since 2001 and we are ready to fight for you, whether your injury occurred in Toronto, Etobicoke, or another community in the GTA.
We believe that everyone has the right to strong legal representation and that cost should never be a barrier. When we take your case, we make you a promise that until we secure you compensation, you will not owe us anything. We are dedicated to providing compassionate support to the people that we serve.
Find out how we can help you by meeting with one of our slip and fall lawyers for a free, no-obligation consultation. Contact us today to schedule an appointment at our Toronto, Brantford or Simcoe office. If you can’t make it to one of our offices, that’s no problem. We can arrange for an in-home or hospital appointment.
