When dealing with legal matters, it’s normal to feel overwhelmed and unsure about what to do next. You may have questions about your rights, the legal process, or what to expect. At Gowland, Boriss, we’re here to help.

These Frequently Asked Questions and Answers sections address some of the most common questions we hear from individuals.

If you need more personalized guidance, our team is just a phone call or email away. We are committed to helping you move forward with clarity and confidence.

 

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Slip & Trip and Fall FAQs

1. Do I have a valid slip and fall claim?

You may have a valid claim if you were injured due to a hazardous condition on someone else’s property, such as ice, uneven surfaces, poor lighting, or lack of maintenance. The key is proving that the property owner and/or occupier was negligent in maintaining safe conditions and that their negligence caused your injury.

There are strict time limits in which to put potential defendants on notice, depending on the location of your accident. It is best to consult an experienced lawyer as quickly as you are able, so that these important time periods are not missed. 

2. Who can be held responsible for a slip and fall injury?

Depending on where the fall occurred, the responsible party could be:

  • A private property owner

  • A business or commercial property manager

  • A landlord

  • A municipality or government body

Identifying the right party is critical to your claim. An experienced personal injury lawyer can help determine who is liable under Ontario’s Occupiers’ Liability Act.

3. What should I do after a slip and fall accident?

If you’re injured, take the following steps as soon as possible:

  • Seek medical attention

  • Report the incident to the property owner or manager

  • If possible, take photographs, and measurements of the hazard and the surrounding area, or have someone take photos of the area as soon as possible so that the condition that caused your fall is still present, and preserved by the photos

  • Collect names and contact info of witnesses (if any)

  • Keep your footwear and clothing as evidence

Documenting the scene quickly is important, especially if the hazard may be cleaned up or repaired soon after.

4. How long do I have to file a claim?

In Ontario, the general limitation period for a personal injury claim is 2 years from the date of the accident. However, if your fall occurred on municipal property (e.g., a city sidewalk or park), you must give written notice within 10 days of the incident. Missing this deadline can significantly affect your ability to make a claim. A slip and fall caused by ice or snow on private property is subject to a very short 60 day written notice requirement.

5. What kind of compensation can I receive?

If your claim is successful, you may be entitled to compensation for:

  • Pain and suffering

  • Lost wages or reduced earning capacity

  • Medical and rehabilitation expenses

  • Out-of-pocket costs (e.g., transportation, mobility aids)

  • Future care costs

The amount depends on the severity of your injuries and how they affect your life.

6. What if I was partially at fault for the fall?

Even if you were partly responsible (e.g., not wearing appropriate footwear), you may still be entitled to compensation. Ontario follows the “contributory negligence” principle, which means your compensation may be reduced in proportion to your share of fault—but not eliminated entirely.

7. Will I have to go to court?

Most slip and fall claims are resolved through settlement negotiations or mediation, without going to trial. However, if a fair resolution isn’t reached, going to court may be necessary. Your lawyer will help you prepare and represent your best interests every step of the way.

8. How much does it cost to hire a lawyer for a slip and fall case?

At many personal injury law firms, including ours, there are no upfront legal fees. We frequently work on a contingency fee basis, which means a portion of your settlement pays our legal fees and any disbursements. This allows you to focus on your recovery without worrying about legal costs. Different arrangements for the payment of our legal fees can be discussed and agreed upon at the time you choose to retain us.

9. What are disbursements?

Disbursements are out-of-pocket expenses paid by a law firm to move your case forward. These can include costs for medical records, court filing fees, expert reports, and other necessary documentation. At our firm, we typically cover these costs upfront and usually recover them only if your case is successfully resolved.

10. What if the fall caused a pre-existing condition to get worse?

You may still be eligible for compensation. The law recognizes that even if you had a pre-existing condition, you could recover damages if the fall worsened your health or accelerated your need for treatment. It’s important to have medical evidence showing how the accident impacted your condition.

11. When should I contact a lawyer?

As soon as possible. Early legal advice helps preserve evidence, meet notice deadlines (especially for municipal cases), and protect your rights. A lawyer can also communicate with insurers on your behalf to avoid potential pitfalls.

If you have a question that isn’t answered here, we invite you to contact us. The Gowland, Boriss team is here to listen, support, and guide you through the process—with clarity, compassion, and a strong commitment to your best interests.

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Disclaimer:

Please note that nothing on this website should be considered legal advice and is being provided for general information purposes only. For legal advice, we encourage consultation with a lawyer to review your specific concerns and situation.