What to Do Immediately After a Slip and Fall on Commercial Property

A slip and fall can happen in seconds, but the consequences can last for weeks, months, or even years. If you fall at a grocery store, shopping centre, restaurant, office building, retail store, parking lot, or another commercial property in Ontario, what you do immediately afterward may be important for both your health and your ability to pursue a potential personal injury claim.
Commercial property slip and fall cases can involve multiple parties, including property owners, tenants, property managers, maintenance companies, and snow-removal contractors. Evidence can also disappear quickly. A spill may be cleaned, snow may be removed, surveillance footage may be overwritten, and witnesses may become difficult to locate.
Knowing what steps to take can help protect you.
1. Get Medical Attention
Your health should be the first priority.
If you are seriously injured, cannot safely stand, hit your head, experience severe pain, or believe you may have suffered a significant injury, request emergency medical assistance.
Even when an injury initially seems minor, consider obtaining medical attention as soon as reasonably possible. Some injuries may not be immediately apparent after a fall. Adrenaline and shock can temporarily mask pain, and symptoms associated with certain soft-tissue injuries or head injuries may develop later.
Medical records can also document when symptoms began, what injuries were identified, and what treatment was recommended.
Follow your healthcare provider's treatment recommendations and attend scheduled follow-up appointments.
2. Report the Accident Immediately
Tell the property owner, manager, security department, store manager, or another appropriate representative that you fell.
Ask that an incident report be prepared.
Provide accurate information about where and when the accident occurred, but avoid guessing about facts you do not know. If possible, obtain the name and contact information of the person who receives your report.
You may also ask for a copy of the incident report or information about how you can obtain one.
Reporting the accident promptly creates a record that the incident occurred and alerts the business or property manager to the location of the accident.
3. Photograph and Record the Hazard
If you are physically able to do so safely, photograph the area before conditions change.
This can be particularly important because the hazard responsible for a fall may disappear shortly afterward.
For example, photograph conditions such as:
- Water or another liquid on a floor
- Snow or ice
- Uneven pavement
- Damaged flooring
- Broken stairs
- Loose mats or carpeting
- Debris in a walkway
- Poorly maintained entrances
- Inadequate lighting
- Missing or damaged handrails
Take both close-up and wider photographs. Wider photographs can establish where the hazard was located in relation to entrances, aisles, stairs, parking areas, or other landmarks.
If weather contributed to an outdoor accident, photographs showing the general conditions may also be useful.
4. Identify Witnesses
If someone saw you fall—or observed the dangerous condition before or after the accident—ask for their name and contact information.
Do not assume that the commercial property will collect this information for you.
Independent witnesses may later provide valuable information about what happened, what the property looked like, how long a hazard may have existed, or what occurred immediately following your fall.
If someone accompanied you, ask them to make their own notes about what they observed while the details are still fresh.
5. Preserve Your Clothing and Footwear
Do not immediately throw away the shoes or clothing you were wearing when you fell.
Your footwear could become relevant to questions about how the accident occurred. Clothing may also show damage, moisture, dirt, or other evidence associated with the incident.
Keep these items in a safe place rather than continuing to use them extensively.
6. Write Down Exactly What Happened
Memories fade surprisingly quickly.
As soon as you are able, write down everything you remember about the accident.
Record the date, approximate time, exact location, weather conditions if relevant, lighting, the condition that caused you to fall, where you landed, who assisted you, witnesses who were present, and any conversations you had with employees or management.
Also document your symptoms and how your injuries affect your daily activities afterward.
These notes may help you recall important details months later.
7. Be Careful About Statements and Social Media
Following an accident, you may be contacted by an insurer, property representative, or another party seeking information.
Be accurate, but remember that you may not yet know the full extent of your injuries or all the circumstances surrounding the accident. Consider obtaining legal advice before providing detailed recorded statements or signing documents relating to the incident.
You should also think carefully before posting photographs, videos, activity updates, or comments about the accident on social media.
Information posted online may potentially become relevant in a personal injury dispute.
8. Ask That Surveillance Footage Be Preserved
Many commercial properties use security cameras.
Video footage may show the fall itself, the condition of the area before the accident, employees inspecting or cleaning the location, or how long a hazard existed.
However, surveillance systems do not necessarily retain footage indefinitely.
A lawyer can assess whether steps should be taken to request preservation of relevant surveillance footage and other records, including inspection logs, cleaning records, maintenance reports, and incident documentation.
Acting promptly can therefore be important.
9. Understand Ontario's Occupiers' Liability Rules
Ontario's Occupiers' Liability Act generally requires an occupier of premises to take reasonable care in the circumstances to see that people entering the premises are reasonably safe. An "occupier" can include a person in physical possession of the premises or someone with responsibility and control over its condition or activities. (Ontario)
This does not mean that a commercial property owner is automatically liable whenever someone falls.
The circumstances surrounding the accident matter. Questions may include what caused the fall, whether the condition presented an unreasonable risk, what inspection or maintenance procedures were in place, and what the parties reasonably did in the circumstances.
Determining responsibility can also become complicated when several companies are involved in operating and maintaining a property.
10. Don't Ignore the 60-Day Snow and Ice Notice Requirement
This is especially important for Ontario slip and fall claims involving snow or ice.
Under Ontario's Occupiers' Liability Act, a person seeking damages for a personal injury caused by snow or ice generally must provide written notice of the claim within 60 days after the injury occurs. The notice must include the date, time, and location of the occurrence and must be personally served or sent by registered mail to an occupier or applicable snow/ice removal contractor. The legislation provides certain exceptions, but you should not assume that an exception will apply. (Ontario)
This short notice period is one reason it can be important to obtain legal advice quickly after a winter slip and fall.
11. Be Aware of Ontario's Limitation Period
Separate from the 60-day snow-and-ice notice requirement, Ontario's Limitations Act, 2002 establishes a basic limitation period that generally prevents a proceeding from being commenced after the second anniversary of the date the claim was discovered. The Act contains specific rules governing when a claim is considered discovered, as well as exceptions and other provisions that can affect limitation periods. (Ontario)
Because deadlines can depend on the circumstances, waiting until a limitation date approaches can create unnecessary risk.
Speak With Benjamin Law About Your Slip and Fall
A serious slip and fall can affect your ability to work, care for your family, participate in normal activities, and maintain your independence. You may also face medical, rehabilitation, and other expenses while dealing with pain and limitations caused by your injuries.
If you were injured after slipping or falling on commercial property in Ontario, consider obtaining legal advice as soon as possible.
Benjamin Law can review the circumstances surrounding the accident, help identify potentially responsible parties, assess applicable deadlines, and explain the legal options that may be available to you.
Early action may also provide an opportunity to preserve evidence before conditions change, surveillance footage disappears, or witnesses become difficult to locate.
Injured in a slip and fall on commercial property? Contact Benjamin Law to schedule a consultation and learn about your legal options.
Benjamin Law
Personal Injury Lawyers
🌐 www.benjaminlaw.ca
📞 (416) 736-4994
This article provides general information about Ontario law and is not intended as legal advice. Legal rights and deadlines depend on the circumstances of each case.



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