In London, Ontario, simply slipping and getting hurt at a store does not entitle you to an automatic payout. Under the Occupiers’ Liability Act, you must actively prove that the property owner failed to take “reasonable care” to ensure your safety, such as ignoring a wet floor or failing to inspect their aisles.
Whether you are shopping at White Oaks Mall, picking up groceries in Westmount, or dining at a local restaurant on Richmond Street, property owners owe you a legal duty of care. This duty is strictly defined by the Ontario Occupiers’ Liability Act.
A common misconception is that businesses are strictly liable for any accident on their premises. In reality, Canadian civil law requires you to prove negligence. If a customer drops a grape and you slip on it three seconds later, the store is likely not liable. However, if that grape was sitting there for two hours because the staff failed to perform scheduled sweep checks, you have a strong case. A dedicated law firm can help you uncover this crucial evidence. 👨⚕️
Step-by-Step Process in London, Ontario
Building a successful slip and fall claim requires proving exactly what the occupier knew, or what they should have known if they were running their business properly.
Step 1: Report the Incident Immediately
Before leaving the store, insist that the manager fills out a formal incident report. Ask for a copy of this report. If they refuse to give you a copy, take a photo of it, or write down the name of the manager who took your statement.
Step 2: Demand Video Surveillance Preservation
Most commercial businesses in London have CCTV cameras. However, security footage is often automatically deleted or recorded over every 7 to 14 days. Your lawyer will immediately send a “spoliation letter” demanding the occupier preserve the footage. If they destroy it after receiving this letter, the court may presume the video proved their negligence. 📹
Step 3: Uncover the Maintenance Logs
During the legal discovery process, your lawyer will demand the company’s sweep logs and maintenance schedules. To avoid liability, a business must prove they had a “reasonable system of inspection” and that they actually followed it on the day you fell. Missing signatures on a sweep log are a smoking gun for negligence.
Step 4: Establish the Damages
Proving negligence is only half the battle; you must also prove your financial and physical losses. This involves gathering clinical notes from Victoria Hospital, records of your physiotherapy in London, and tax documents showing your lost income.
Step 5: File at the Superior Court of Justice
If the insurance company refuses to offer a fair settlement, your lawyer will officially issue a Statement of Claim at the courthouse in London, formally beginning litigation. 📝
How Much Does it Cost in London?
Pursuing an occupier’s liability claim is usually financially risk-free for the injured victim.
- Contingency Agreements: Most injury lawyers charge between 30% and 33% of your final settlement.
- Court Filing Fees: Initiating the lawsuit costs $339 CAD.
- Medical Expert Witnesses: Paying an orthopedic surgeon to testify about your fractured hip can cost between $3,000 and $7,000 CAD, which your law firm pays upfront and recovers at the end.
| Evidence Type | Why It Is Crucial for Proving Negligence |
|---|---|
| CCTV Footage | Shows exactly how long the hazard existed before you fell. |
| Sweep Logs | Proves whether the store followed its own safety policies. |
| Witness Statements | Independent verification that the floor was wet and lacked warning signs. |
| Footwear Photos | Proves you were wearing sensible shoes, combating claims of contributory negligence. |
How Long Does the Process Take?
You have 2 years from the date of the fall to file your lawsuit (or 60 days to serve notice if the fall involved snow/ice). Securing surveillance, conducting Examinations for Discovery, and negotiating with corporate insurers usually means these cases take 1.5 to 3 years to fully resolve.
Frequently Asked Questions (FAQ)
What if I was looking at my phone when I fell?
The insurance company will likely argue ‘contributory negligence.’ If the judge agrees you were distracted, they will assign a percentage of fault to you. If you are found 25% at fault, your final compensation payout will simply be reduced by 25%.
Can I sue a homeowner if I slip at their house party?
Yes. Homeowners have a duty of care to their guests under the Occupiers’ Liability Act. If you are injured, the compensation is typically paid out by the homeowner’s personal property insurance, not from their personal bank account.
Do trespassers have any rights if they get hurt?
Yes, but their rights are very limited. An occupier does not owe a standard duty of care to someone trespassing with criminal intent. However, property owners cannot deliberately set traps or intentionally harm a trespasser.
What if the property owner destroyed the video evidence on purpose?
If a business deliberately destroys evidence after receiving a preservation letter, they can face severe legal sanctions in civil court. While it may not be a summary conviction or indictable offence under criminal law, the civil judge will likely rule in your favour regarding liability.
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