Ontario Personal Injury Lawyers
Call 1-888-404-5167
Preszler Injury Lawyers

What Does ‘Duty of Care’ Mean When It Comes to Slip-and-Fall Accidents?


Slip-and-fall injury victims and others injured on another’s property often wonder who is responsible for their accident and injuries. The Ontario Occupiers’ Liability Act governs slip-and-fall accidents in the province. This law outlines who can be liable in a slip-and-fall accident and what is required to secure compensation successfully in a claim. It also includes an explanation of the “duty of care,” upon which a negligence claim is based.

This most-important aspect of the law states: An occupier (such as a business or property owner) owes those entering the property a duty to see that they are kept reasonably safe while on premises.

What does duty of care mean?

The “duty of care” requires a person, group or entity to act toward others and the general public with an established minimum of care. This means behaving with a level of care, attention and prudence as would any other reasonable person or entity acting in a similar situation.

The duty of care applies whether the hazard is caused by the condition of the property (such as an ice-covered walkway or broken step) or an activity that occurs on the property (such as event that could be dangerous).

Talk With Our Legal Team



If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we'll discuss your options and possible outcomes.

Regardless of where you're located in Ontario – we may be able to help you. Don't delay - call us. Our lines are open 24/7.

A person or company who fails to uphold the duty of care is negligent. Those negligent actions may be actionable in an injury claim.

How does duty of care impact my injury claim?

The Occupiers’ Liability Act asserts an occupier — which can include a grocery store owner, an apartment complex owner, or residential homeowner — must take care to ensure all visitors will be reasonably safe while on their premises. The occupier cannot assume a property is safe and willfully remain unaware of potential hazards. Instead, Ontario laws have established a duty to inspect premises and take steps to remedy potential hazards.

The duty of care does not assign automatic liability in a slip-and-fall case, however. As the victim, you must be able to prove the occupier failed to address or remedy a hazard, or failed to practice reasonable standards of care.

To better understand how duty of care functions in a slip and fall accident and subsequent legal action, consider the following scenarios:

  • An apartment building owner fails to remove snow and ice accumulation from the walkways and stairs residents use daily. This causes a slip-and-fall accident, resulting in severe head trauma or a broken bone.
  • A hotel owner fails to remove or secure a loose rug located atop a slippery tile floor. An elderly guest falls and suffers a hip fracture as a result.
  • A restaurant manager neglects to train employees on how to clean up spilled liquids properly. He also fails to establish regular inspections of the restaurant or a cleaning schedule. As a result, a guest slips and falls in a hallway and suffers a spinal cord injury.

In each of these situations, the victim may file a claim based on the owner’s failure to follow the duty of care to maintain a hazard-free property.

How Ontario Property Owners Can Fulfill Their Duty of Care

Below are a few examples of how an owner/occupier could fulfill his or her duty of care:

  • Posting sufficient signs to warn of hazards, such as “Slippery Floor” signs on a freshly mopped or waxed surface, or “Step Down” on a sloping surface
  • Repairing or remedying dangerous property conditions, such as a leaky roof, broken stairs, and cracked walkways
  • Removing snow and ice from accessible walkways, sidewalks, and parking lots
  • Installing safety features such as high-traction flooring, outdoor and indoor lighting, non-slip rugs, security cameras, smoke alarms, sprinkler systems, and stairway railings
  • Hiring qualified builders and contractors to update, build, and maintain safe premises
  • Routinely inspecting property for new hazards
  • Training staff on proper protocol for maintaining a safe property
  • Responding to known hazards in a timely fashion and prohibiting public access to unsafe areas
Call 1-888-608-2111 for available options or Book a Consultation

Property owners also may take other actions to ensure they abide by their duty of care.

Failure to adhere to the above guidelines may constitute a breach of the duty of care. This, in turn, would signify liability in the event of an accident or injury on premises.

When to Call a Toronto Slip-and-Fall Lawyer

A lawyer may be able to help prove negligence in an accident claim by providing evidence of the breach of duty. Evidence might include photographs of hazards, property maintenance records, and witness testimony.

Have you been seriously injured in a slip and fall or similar accident on someone else’s property in Ontario? For personalized information about your own slip-and-fall accident, call 1-800-JUSTICE® for a free case evaluation by the slip-and-fall lawyers of Preszler Injury Lawyers.

 
Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
352 Elgin Street,
Ottawa ON
K2P 1M8
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets.