Winter brings icy sidewalks, snow-covered steps, and hazardous walking conditions that significantly increase the risk of slip and fall accidents. While these incidents may seem minor at first, they can result in serious injuries with long-term consequences. It is often impossible to predict or prevent every slip and fall accident due to the unpredictability of winter weather. Understanding why these incidents happen, the most common injuries they cause, and what steps to take afterward can help you protect your health and your rights.

Why Winter Slip and Fall Accidents Happen

Slip and fall incidents are most likely to occur in the winter months due to environmental factors such as ice, black ice, packed snow, and slush. Before heading out, always check weather warnings and safety recommendations to stay informed about hazardous conditions. These factors reduce traction and make walking surfaces dangerous and unpredictable.

It is unfortunately not uncommon for sidewalks, paths, and roadways to be unkept. When walking, choose a safe path and be aware of hidden hazards that may be underneath snow or slush, such as ice patches or uneven ground. Unsalted walking surfaces, inadequate snow removal, and lack of proper lighting may further increase the risk.

It is important to ensure proper footwear during the winter months to not only keep you warm, but to reduce the risk of slip and fall injuries. Footwear without proper grip may also contribute to accidents.

Most Common Wintertime Slip and Fall Injuries

Winter slip and fall incidents can cause a variety of injuries, affecting any part of the body. Some of the most common reported injuries typically include orthopedic fractures and sprains/strains involving the shoulders, wrists, ankles, knees, and hips. Torn ligaments are also a common type of soft tissue injury, typically resulting in pain, swelling, and limited mobility, and often requiring physical therapy for recovery. Other commonly reported injuries include concussions, head injuries, back and spinal injuries, as well as bruising and soft tissue injuries.

The severity of the injury will vary depending on the severity of the fall, as well as other factors including age and pre-existing health conditions.

Injuries in Seniors

Older adults are particularly vulnerable to severe injuries, especially hip fractures and head trauma. Recovery times are often longer, and complications can be more serious.

When to Seek Medical Attention

It is important not to simply ignore an injury caused by a slip and fall accident. Seek medical attention if you experience:

• Persistent pain or swelling
• Difficulty moving or bearing weight
• Visible deformities or severe bruising
• Numbness or tingling
• Headaches, dizziness, or confusion

Even if the injury seems minor, an injured person should seek medical attention to determine the severity of the injury and to determine whether there is deeper underlying damage.

Fall Injury Treatment

The treatment required after a slip and fall accident depends on the severity of the injuries involved. Minor bruises and sprains can often be managed at home or with short-term rehabilitation; however, more serious injuries, such as broken bones or head trauma, require immediate medical attention and may even require surgery or long-term rehabilitation. In some cases, slip and fall injuries can lead to chronic pain or ongoing health issues if not properly addressed. It is essential to seek prompt medical care after any slip and fall accident to assess the severity of your injuries and prevent further complications. Early intervention can make a significant difference in recovery and long-term health outcomes.

Liability in Winter Slip and Fall Accidents

Property owners, occupiers, and maintenance companies have a responsibility under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2, to ensure people on their property are reasonably safe. Negligent property owners who fail to uphold their duty of care by not addressing hazards like snow and ice can be held liable for injuries resulting from common winter slip and fall accidents. They have a positive duty to take reasonable steps to ensure a person entering their premises is kept safe from dangerous or hazardous conditions. This includes clearing snow and ice, and/or applying salt within a reasonable timeframe to address potential hazards.

Victims of slip and fall accidents must prove that the property owner was negligent in maintaining their premises. To succeed in a personal injury claim, it is crucial to gather evidence such as photos, maintenance records, witness statements, and videos that clearly show the hazardous conditions and help establish negligence.

The statute of limitations for pursuing personal injury claims is typically two years from the date of the incident and missing this deadline may result in losing your right to compensation. If negligence contributed to your fall, you may be entitled to compensation for pain and suffering, lost income, medical expenses, and other damages.

Report the Incident

After a slip and fall incident, you must send written notice to the property owner or contractor within 60 days of the fall injuries. The notice has to include the date, time, and location of the accident, and it must be delivered in person or sent by registered mail.

Failing to send the required notice on time can have serious consequences. In many cases, you may lose your right to compensation entirely. There are exceptions: you must show that you had a reasonable excuse for the delay and that the property owner’s ability to defend the claim was not harmed.

These requirements exist to ensure fairness. It gives property owners a chance to investigate while evidence is still fresh. If you are unsure about notice deadlines, seek legal advice immediately. Acting quickly can make the difference between a successful claim and no claim at all.

Duty to Report on City Owned Property

When a slip and fall occurs on municipal property, such as sidewalks, roads, parks, or public parking lots, Ontario law has stricter deadlines. Under the Municipal Act, 2001, a victim must provide written notice within 10 days of the incident. The required notice must include the date, time, and location of the fall accident injuries.

Failure to meet the 10-day deadline can bar your claim entirely, unless you can show:

• A reasonable excuse for the delay (e.g., hospitalization, incapacity).
• That the municipality suffered no prejudice due to the late notice.

Courts strictly enforce this rule to ensure evidence is preserved and hazards are quickly addressed

Steps to Take After a Winter Slip and Fall

If you experience a slip and fall accident, taking the right steps can protect both your health and your legal rights:

1. Seek medical attention immediately—this ensures your injuries are properly assessed and documented, which is important for your recovery and any potential claim.
2. Report the incident to the property owner or manager within 60 days if on private property. In Ontario, individuals injured in slip and fall accidents have a limited time to provide written notice of their claim to the property owner, therefore acting quickly is crucial.
3. Report the incident to the municipality if on City owned property within 10 days of the incident, as failing to do so may affect your ability to pursue a claim.
4. Document the scene with photos and notes to preserve evidence that may explain the cause of your fall and support your case.
5. Collect contact information from witnesses
6. Keep records of medical treatments and expenses to practice thorough documentation, which is essential for any insurance or legal process.
7. Avoid making any formal statements, as this could impact your legal rights.
8. Seek legal advice if you believe your injuries were caused by the negligence of an occupier to better understand your options and to ensure the proper steps are taken to protect your rights.

Dealing with Insurance Companies

Navigating insurance claims after a slip and fall accident can be challenging. Insurance companies often attempt to minimize payouts or deny claims, making it crucial to have a lawyer on your side who understands the complexity of these cases. A lawyer can help you gather and organize key evidence, such as photos of the accident scene, witness statements, and medical records, to support your claim. Keeping detailed records of the date, time, and location of your fall, as well as all communications with insurance representatives, is essential. This documentation can play a crucial role in demonstrating the negligence of property owners and ensuring you receive fair compensation for your injuries.

Tips to Avoid Wintertime Slip and Fall Injuries

While not all accidents can be prevented, these precautions can reduce your risk:

• Wear footwear with good traction
• Walk slowly and take shorter steps
• Watch your step
• Use handrails whenever available
• Keep your hands free for balance
• Be cautious in shaded areas where ice may linger
• Salt or sand walkways at home
• Regularly review the quality of winter maintenance practices both at home and in public areas to ensure walkways are safe and well-maintained.

If you notice a property is unkept and may be in a dangerous or hazardous state, let the property owner or property manager know as this may help reduce the risk of someone else being injured in a slip and fall.

How a Slip and Fall Lawyer at Burn Tucker Lachaîne May Be Able to Help

If you’ve been injured in a winter slip and fall accident, navigating the legal process can be overwhelming. At Burn Tucker Lachaine, we can help assess your case, gather evidence, and determine whether negligence played a role in your injuries. For more information on the limitation period to sue for slip and fall cases in Ontario, read our blog: How Long After a Slip and Fall Can You Sue in Ontario?

Winter conditions can be dangerous but staying informed and prepared can help you reduce risks and respond effectively if an accident occurs.

If you have been injured in a slip and fall incident, contact Burn Tucker Lachaîne today by texting at 613-777-0992, calling at 613-917-1128 or visiting our website.