If you fall on ice in Mississauga while wearing improper shoes (like high heels in winter), your compensation may be reduced. Ontario courts apply the rule of “contributory negligence,” meaning your final settlement could be cut by 10% to 50% depending on how much your footwear contributed to the slip.
Mississauga winters are notoriously icy, and slipping on a poorly maintained sidewalk or a frozen parking lot is a common occurrence. When you suffer an injury due to someone else’s failure to clear snow and ice, you generally have the right to seek compensation. However, public liability cases in Ontario are rarely black and white. One of the most common defences raised by property owners and their insurance companies is that the victim was wearing improper footwear for the weather conditions.
This legal concept is known as contributory negligence, governed by Ontario’s Negligence Act. It means that while the property owner may have been negligent in maintaining their premises, you might also have been negligent in protecting your own safety. In this guide, we will explore how wearing inappropriate footwear impacts your slip and fall claim in Mississauga, the steps you should take, and how courts evaluate these situations.
Step-by-Step Process for Managing a Claim Involving Shared Fault
Even if you were wearing running shoes in a snowstorm, you may still be entitled to substantial compensation. The key is to manage the evidence carefully from the moment you fall, whether you are at a local Mississauga shopping centre or walking down your residential street.
Step 1: Document the Scene and Your Footwear
Immediately after the fall, take clear photos of the icy patch or hazard that caused you to slip. Crucially, do not hide what you were wearing. Take photos of your footwear. Honesty is critical in legal proceedings. If you try to claim you were wearing heavy winter boots when you were actually wearing dress shoes, it can destroy your credibility and your entire case. 📷
Step 2: Seek Medical Treatment
Visit a doctor or the nearest hospital, such as Credit Valley Hospital in Mississauga, to get your injuries assessed. Delaying medical treatment can give the opposing side ammunition to argue that your injuries were not serious or were caused by a subsequent event. Ensure your doctor carefully notes the details of your injuries in your medical records.
Step 3: Understand How Fault is Apportioned
When you consult a personal injury lawyer, they will explain how contributory negligence works in Ontario. If a judge at the Superior Court of Justice determines your total damages are $100,000 CAD, but finds you 25% at fault for wearing smooth-soled shoes on an icy day, your final award will be reduced to $75,000 CAD. Your lawyer’s job is to minimize your percentage of fault by proving the ice was so treacherous that even perfect winter boots would not have prevented the fall.
Step 4: Negotiate a Settlement
Most slip and fall cases in Canada settle before ever reaching a courtroom. Your law firm will negotiate with the property owner’s insurance company. The insurer will inevitably try to inflate your share of the blame regarding your footwear. A skilled local lawyer will push back, highlighting the property owner’s primary legal duty under the Occupiers’ Liability Act to keep the premises reasonably safe.
Footwear Comparison in Ontario Courts
| Type of Footwear | Weather Condition | Impact on Claim (Contributory Negligence) |
|---|---|---|
| Heavy Winter Boots (Good Tread) | Snow / Ice | Highly favourable. Very low chance of contributory negligence. |
| Running Shoes / Sneakers | Freezing Rain | Moderate risk. Compensation may be reduced by 10% – 25%. |
| High Heels or Dress Shoes | Heavy Snow / Ice | High risk. Compensation could be significantly reduced (up to 50%). |
How Much Does it Cost in Mississauga?
Pursuing a slip and fall claim involves several standard costs in Ontario:
- Court Fees: Filing a Statement of Claim in the Superior Court costs roughly $339 CAD. For minor claims under $35,000 CAD, the Small Claims Court fee is around $108 CAD.
- Lawyer Fees: Reputable personal injury lawyers in Mississauga generally operate on a contingency agreement, taking 25% to 33% of your final settlement. If you lose, you typically do not owe them hourly fees.
- Potential Cost Consequences: If you lose at trial, Ontario applies a “loser pays” system, meaning you might be ordered to pay a portion of the property owner’s legal costs.
How Long Does the Process Take?
You have exactly 2 years from the date of the fall to initiate a lawsuit under the Ontario Limitations Act. However, if you fell on municipal property (like a city sidewalk), you face a much stricter deadline of just 10 days to provide written notice. A typical slip and fall claim involving shared fault negotiations takes between 12 to 24 months to resolve through mediation or settlement.
Frequently Asked Questions (FAQ)
Can I still get money if the fall was 50% my fault?
Yes. Under the Negligence Act in Ontario, you can still recover compensation even if you are partially at fault. Your total payout will simply be reduced by your percentage of blame.
Who decides my percentage of fault?
In most cases, the percentage is negotiated between your lawyer and the insurance company during a settlement. If the case goes to trial, a judge or jury will assign the exact percentage based on the evidence.
What if I was wearing work boots but they had worn-out treads?
The condition of your shoes matters just as much as the type. Worn-out treads on winter boots can still lead to a finding of contributory negligence, as they fail to provide adequate traction for icy conditions.
Does the property owner’s failure matter more than my shoes?
Generally, yes. The primary burden is on the property owner to maintain a safe environment under the Occupiers’ Liability Act. Your footwear is a secondary factor, but it is still heavily scrutinized.
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