What Is Considered “Negligence” in a Personal Injury Claim?

When you hear the term negligence in the context of personal injury law, it refers to a failure to exercise reasonable care that causes harm to someone else. In Ontario (and Canada generally), most personal injury claims – whether from car accidents, medical malpractice, or slip and fall accidents – are based on the law of negligence. Negligence is essentially about holding people or organizations legally accountable when their carelessness or lack of action causes injury to another.

For example, if a grocery store owner knows a floor is wet and fails to put up a warning sign or mop it in a reasonable time, and someone slips and gets hurt, the owner’s inaction may be considered negligence. Not every accident is due to negligence, but if the injury could have been prevented by reasonable precautions that weren’t taken, the injured person may have a negligence claim.

In Ontario, negligence law follows the common law principles established by courts and is also influenced by statutes. To succeed in a personal injury claim, the injured party (plaintiff) must prove certain key elements of negligence against the party they allege is at fault (defendant). Below, we break down these elements and how they apply, especially in slip and fall cases under Ontario law.

Proving Negligence: The Four Key Elements

To prove negligence in an Ontario personal injury claim, you typically must establish four elements: (1) duty of care, (2) breach of that duty, (3) causation, and (4) damages【‎1†L1-L7】【‎2†L4-L10】. Think of it as a checklist – if any one of these is missing, the negligence claim may fail. Here’s a closer look at each element:

1. Duty of Care

A duty of care is a legal obligation to avoid causing harm to others. Canadian law has long recognized that in certain relationships or situations, one party owes a duty to another to act with care. For instance, drivers owe a duty of care to other road users, doctors owe a duty to their patients, and property owners owe a duty to people on their premises.

The famous English case Donoghue v. Stevenson (the “snail in the bottle” case) established the principle that we must take reasonable care to avoid acts or omissions that could foreseeably injure our “neighbours” in law – people who could be directly affected by our actions. In Ontario, duty of care is usually straightforward in common scenarios: if you occupy or control a property, you have a duty to keep it reasonably safe for visitors. If a duty of care does not exist in a situation, then there can be no negligence claim.

2. Breach of Standard of Care

Even if a duty exists, the next question is: did the defendant breach that duty by failing to meet the standard of care? The “standard of care” means the level of caution or diligence a reasonable person would use in the circumstances. If someone falls short of what a reasonably careful person would have done, they may be found negligent.

For example, if a store owner knows about a spill and a reasonable store owner would have cleaned it or put up a warning, but our store owner did nothing, that is likely a breach of the standard of care.

Courts often ask: was the risk of harm foreseeable, and would a reasonable person have taken steps to prevent it? If the answer is yes, and the person didn’t take those steps, they breached their duty. It’s about comparing the person’s actions (or inaction) to what’s considered reasonable by community standards or industry practices at the time of the incident.

3. Causation

Causation is the link between the breach of duty and the injury. The plaintiff must show that the defendant’s lack of care caused or contributed to the harm suffered. In legal terms, one often asks: “but for” the defendant’s negligence, would the injury have occurred? For instance, if you slipped on an unmarked wet floor, but for the store’s failure to post a warning or dry the floor, you would not have fallen.

Causation can sometimes get complicated – especially if multiple factors or parties were involved in an accident. Ontario courts look at whether the negligence was a material contributing cause of the injury. You don’t have to prove it was the sole cause, just that it significantly contributed. It’s also important to note the concept of remoteness: the harm must have been a foreseeable result of the breach. If something freakish or completely unforeseeable happened, the defendant might not be held liable even if they were careless, because the particular injury was not a foreseeable consequence.

4. Damages (Real Losses)

Finally, to have a negligence claim you must show you suffered damages. This means actual losses or injuries. It’s not enough that someone was careless; their carelessness must have caused you real harm. “Damages” can include physical injuries, medical expenses, lost income from time off work, property damage, and even pain and suffering and emotional distress. In Ontario, if you prove the other elements (duty, breach, causation) but you luckily didn’t suffer any actual injury or loss, then there’s no basis for compensation. In most cases, however, a fall or accident does result in some compensable harm. The extent of your damages will affect how much compensation you might receive (we discuss compensation further in the FAQ below).

Summary of Negligence: In practical terms, you prove negligence by demonstrating that the other party had a responsibility to be careful (duty), they failed to live up to that standard (breach), their failure caused your injuries (causation), and you indeed suffered injuries or losses (damages). All these elements must be present. This framework applies to all personal injury claims, including slip and fall cases, which we’ll explore next.

Negligence in Slip and Fall Accidents (Ontario’s Occupiers’ Liability Act)

Slip, trip, and fall accidents are among the most common personal injury claims in Ontario. They often occur in places like supermarkets, shopping malls, apartment buildings, parking lots, or sidewalks. In Ontario, slip and fall cases usually fall under the law of “occupiers’ liability.” Occupiers’ liability is just a specific application of negligence law where the scenario is an injury caused by a hazard on someone’s property. Ontario has a specific law, the Occupiers’ Liability Act, that sets out the legal duty in Ontario for those who own or control property (called “occupiers”).

Duty of Property Owners/Occupiers

Under the Occupiers’ Liability Act, property owners and occupiers have a legal duty to keep their premises reasonably safe for any visitors or guests. Section 3(1) of that Act states that an occupier must “take such care as in all the circumstances is reasonable” to ensure people are reasonably safe on the property.

This duty covers hazards like slippery floors, ice and snow, broken stairs, poor lighting, loose rugs – basically any dangerous condition that the occupier knows about (or should know about) and can address. The occupier isn’t expected to guarantee absolute safety for everyone at all times, but they must take reasonable steps to prevent foreseeable injuries. What is “reasonable” can depend on the circumstances: for example, a small shop owner should regularly inspect and mop floors, while a city responsible for sidewalks must have reasonable winter maintenance protocols.

It’s important to note that reasonable care doesn’t mean every accident is automatically the occupier’s fault. It means they should act as a prudent person would. If a hazard just appeared moments before an accident (say, another customer drops a bottle in a store aisle and you slip seconds later), the store might not be negligent if they had no reasonable opportunity to find and fix the problem. On the other hand, if ice on an apartment entryway was left untreated for days, or a spill in a grocery store sat there for an hour with no warning sign, a court could find the occupier breached their duty by not acting in a timely way.

Ontario’s Occupiers’ Liability Act and Negligence

Ontario’s law essentially embeds the negligence test into the Occupiers’ Liability Act. You still need to prove the four elements: the Act establishes the duty of care (occupier to visitor), you then prove a breach of that duty (unsafe conditions or lack of maintenance), causation (the unsafe condition caused your fall and injuries), and damages (your injuries). One advantage for plaintiffs is that the duty of care is clearly established by the statute for occupiers – there’s no question that, say, a store owner owed a duty to a shopper. The real questions in slip and fall cases are usually whether the occupier breached the standard of care and whether that caused the injuries.

For example, consider a winter slip and fall scenario: you slip on an icy apartment walkway and break your ankle. Under the Act, the landlord (as occupier) had a duty to keep the walkway reasonably safe. If evidence shows the landlord failed to salt or shovel within a reasonable time after a snowfall, that likely breaches the standard of care.

If that breach (untreated ice) directly led to your fall (causation), and you suffered an injury (damages), then the landlord can be held liable for negligence. In another scenario, if the landlord did clear snow and ice diligently and put out salt, but black ice still formed suddenly, the landlord might argue they did meet the standard of care and the accident was not due to their negligence. Each case depends on the facts and whether the occupier’s actions were reasonable given what they knew or should have known.

The Occupiers’ Liability Act and Notice Period for Ice/Snow Injuries

One Ontario-specific rule to be aware of: if your slip and fall was caused by ice or snow, Ontario law now requires that you give written notice of your claim to the occupier within 60 days of the incident. This rule came into effect in 2021 to address winter-related injuries.

The notice should include the date, time, and location of the fall. If you don’t provide this notice in time, you could lose your right to claim, unless a judge allows an exception (for example, if you were incapacitated in the hospital). Because of this, it’s crucial to act quickly and consult a lawyer as soon as possible after a snow/ice-related fall. (This notice requirement doesn’t generally apply to other types of hazards – for example, slipping on a spill inside a store – it’s specific to ice and snow on property.)

Examples of Negligence in Slip and Fall Cases

• Wet Floors: A shopping mall washroom has a leaky sink causing a large puddle. No warning signs are posted and it hasn’t been cleaned up for an hour. A visitor slips and is injured. The occupier likely breached their duty by not addressing a known hazard in a timely way.

• Snow and Ice: A homeowner fails to clear their sidewalk all winter. A passerby slips on thick ice and suffers a concussion. The homeowner (as occupier) likely breached the standard of care by ignoring obvious hazards for an extended period.

• Tripping Hazards: In a dimly lit stairwell of an apartment building, a loose step or torn carpet causes a tenant to trip and fall. If the landlord knew (or should have known) about this maintenance issue and didn’t fix it, that’s a breach of duty.

In each example, the key question is whether the occupier acted reasonably to prevent injuries. If they didn’t and someone got hurt, negligence may be established and the occupier can be held liable in an injury claim.

When the Injured Person May Share Fault (Contributory Negligence)

Ontario law also recognizes that sometimes an injured person’s own carelessness contributed to the accident. If you were partly negligent (for example, not holding a handrail on icy steps, or running in a store), it doesn’t bar you from claiming, but it can reduce your compensation. This is called contributory negligence. Under the Ontario Negligence Act, a court can apportion liability between the parties. So if you were 25% at fault for your fall and the occupier was 75% at fault, the occupier would pay 75% of the total damages. Liability is determined by the facts – essentially, everyone’s actions are weighed to see who was responsible and to what degree.

How to Prove Negligence in a Slip and Fall Case

One of the challenges in slip and fall cases is proving the negligence with evidence. It’s often not enough to simply say “I fell and got hurt on your property” – you have to show how the occupier was negligent. Key evidence can include:

• Photographs or Video: If possible, pictures of the hazard that caused your fall (e.g. the icy patch, the spilled liquid, the broken stair) taken close in time to the accident are extremely helpful. They can show the condition of the area and help prove a hazard existed. Security camera footage, if available, can be even better as it might show how long a hazard was present or the moment of the accident.

• Incident Reports: If your fall happened in a store or commercial location, report it to management immediately and ensure an incident report is filed. That report creates a record of what happened. Ask for a copy if possible.

• Witnesses: Independent witnesses who saw the fall or the hazard can support your story. Get names and contact info of anyone who saw the accident or the condition. Their statements can confirm that a dangerous condition existed and caused your fall.

• Maintenance Records: These can be crucial in proving a breach by the occupier. For example, snow removal logs, cleaning schedules, or maintenance records might show that the property owner skipped an inspection or was overdue on maintenance. If a store’s policy is to inspect aisles every 30 minutes and the records show no inspection was done for 3 hours before your fall, that helps prove negligence.

• Medical Records: These prove your damages (injuries). It’s important to seek medical attention soon after a fall, even if injuries seem minor – not only for your health but to document the injury. Medical reports linking your injuries to the fall provide evidence of causation and the extent of harm.

• Expert Evidence: In some cases, experts may be called in – for instance, a flooring expert might testify that the floor was unreasonably slippery, or a meteorologist could testify about weather conditions to pinpoint when ice would have formed. Experts can also help reconstruct an accident or verify that a building was not up to code.

All this evidence helps build a picture of what happened and whether the occupier met their duty of care. A personal injury lawyer will know how to gather and preserve evidence (for example, by sending the occupier a letter to preserve any video footage, which might otherwise be erased). Acting quickly is important, since evidence like video or even a hazard itself (like ice) can disappear with time.

Now, we will address some common questions people have about slip and fall cases, negligence, and compensation in Ontario:

Frequently Asked Questions about Slip and Fall Negligence

Are slip and fall cases hard to win?

Slip and fall cases can be challenging to win, but not impossible. The difficulty lies in proving that the fall was caused by someone else’s negligence. Insurance companies and defendants often argue that they took reasonable care or that the hazard was not as dangerous as claimed.

Unlike a car accident where fault might be clearer, a slip and fall usually happens quickly and often without direct witnesses. That means the burden is on the injured person to gather evidence that a hazard existed and the occupier knew or should have known about it. If you have strong evidence – such as photos of a clearly dangerous condition and records showing the property owner failed to address it – your case becomes much easier to win.

Having a knowledgeable personal injury lawyer can greatly increase your chances, as they’ll ensure evidence is preserved and presented effectively. Many slip and fall claims are settled out of court when the evidence of negligence is solid. However, if evidence is weak or it’s word-against-word, these cases can be harder to prove. In summary, they’re winnable with good evidence and legal strategy, but they do require careful preparation.

What evidence is most important in proving negligence?

The most important evidence in a negligence case – especially a slip and fall – is anything that shows the condition of the scene and the defendant’s lack of care. Photographs of the hazard at the time of the accident can be extremely persuasive. For instance, a time-stamped photo of a spilled liquid or an icy walkway provides concrete proof of the danger. Equally important is evidence of the defendant’s conduct: maintenance logs or cleaning records (or the absence thereof) can show whether the property owner followed reasonable practices.

Witness testimony is also valuable – someone who saw you fall or noticed the hazard before you fell can corroborate your story. In proving negligence, you want to show both what caused your injury and why it was negligent. So, evidence that the hazard existed and evidence that the occupier failed to fix or warn about it in time are both critical.

Don’t forget medical evidence – your medical records link the fall to your injuries, which is important for the causation element. In summary, the best evidence includes photos/videos of the scene, witness statements, maintenance and incident reports, and medical documentation of your injuries.

How is liability determined in Ontario?

Liability in personal injury cases is determined by examining fault under the negligence framework. In Ontario, courts (or insurance adjusters in a settlement) will look at all the circumstances to decide who was responsible for the accident and to what degree. Using the negligence test, they assess if the defendant had a duty of care and breached it, causing the plaintiff’s injuries. If so, the defendant is liable (legally responsible) for the damages.

Ontario law also allows for shared liability. This means more than one party can be found liable. For example, in a slip and fall, a property owner might be primarily liable for not maintaining safe conditions, but a contractor responsible for maintenance could also share some blame if they did a poor job.

Similarly, the injured person can be held partly liable if they were not exercising reasonable care for their own safety (this is the contributory negligence concept discussed earlier). A practical example: if you were texting on your phone and didn’t notice a hazard that was otherwise obvious, a court might find you, say, 20% liable for your injuries and the occupier 80% liable, rather than 100% on the occupier.

Each percentage of fault will reduce or increase each party’s share of the damages accordingly. Ultimately, liability is determined by facts and evidence – whoever failed to meet the standard of care and caused the accident will be assigned liability under Ontario law.

What is the average settlement for a slip and fall injury in Canada?

There is no single “average” settlement for slip and fall cases in Canada, because settlement amounts vary widely depending on the specifics of each case. Settlements are meant to compensate for your actual losses and suffering, which can range from minor to very severe.

For a minor slip and fall injury (say a sprained ankle or minor bruising that healed quickly), a settlement might be relatively modest – perhaps in the low five-figure range (a few thousand to maybe tens of thousands of dollars) to cover things like physiotherapy and a bit of pain and suffering. For more serious injuries (like a broken hip, a concussion, or injuries that have long-term effects), settlements tend to be higher – possibly tens of thousands to hundreds of thousands of dollars.

In cases of very severe, life-altering injuries (for example, a traumatic brain injury or paralysis from a fall), settlements can even reach seven figures (over a million dollars) because they must cover extensive medical treatment, rehabilitation, long-term care, and significant pain and suffering. Keep in mind that Canada’s system is not like the U.S. – we don’t generally see multi-million dollar pain and suffering awards for moderate injuries, and jury awards here are more measured.

Most cases settle within insurance policy limits. For instance, many businesses carry liability insurance that covers $1 million or more, and very few slip and fall cases will exceed those limits unless the injuries are truly catastrophic. In short, while people often ask for an “average,” it’s more useful to think in terms of ranges.

An experienced lawyer can evaluate your case against past cases to estimate a reasonable settlement range for you. Always be cautious of anyone who promises a specific amount upfront, because every case is unique.

What is the highest payout for a slip and fall?

The highest payouts for slip and fall cases in Canada have typically been in situations where the injuries were extremely severe or catastrophic. While there isn’t an official public record that ranks settlements, there are reported cases in the millions of dollars. For example, there have been cases where individuals who suffered permanent disabilities (such as serious brain injuries or paralysis) from a fall have received settlements or court awards well over $1 million to cover lifetime care costs, lost earnings, and pain and suffering.

One reason huge payouts are rare is that Canadian courts have a cap on general damages (pain and suffering), which is roughly around $400,000 for the most severe cases. However, on top of pain and suffering, a large payout can include future care costs and lost income which can be very significant for a young person with a debilitating injury. So a “highest payout” scenario might look like: $350,000 for pain and suffering (near the cap), plus several million dollars for long-term care, home modifications, and lost income over a lifetime – leading to a total award of say $2–3 million or more.

These cases are thankfully rare because they involve devastating injuries. For a typical slip and fall claim, payouts are much lower. It’s also worth noting many big awards come from court judgments reported in case law. Most settlements are confidential, so we often only hear about the record-setting court judgments. In summary, the highest payouts have been in the order of a few million dollars in Canada, but those involve exceptional circumstances.

What is a good settlement figure?

A “good” settlement figure is one that fairly compensates you for all your losses. This will be different for every person and every case. In practical terms, a good settlement should cover:

• Special damages: all your out-of-pocket costs and financial losses (medical bills, rehabilitation, lost wages, future care needs, etc.), and

• General damages: an amount for your pain, suffering, and loss of quality of life.

For a minor injury, a good settlement might be relatively low because your costs and suffering were limited. For example, if you missed one week of work and needed some physio for a sprained wrist, a few thousand dollars plus your lost wages might be a good outcome.

On the other hand, if you had a serious injury, a good settlement could be much higher. For instance, if you required surgery, missed months of work, and will have ongoing chronic pain, a good settlement could be in the tens or hundreds of thousands to make sure you’re not out-of-pocket and are compensated for enduring a life disruption.

Essentially, you should ask for an amount that reflects all the impacts on your life, present and future. It’s often wise to consult with a personal injury lawyer to determine this figure, as they have experience with what similar cases have settled for and what is attainable.

They might suggest an initial demand that’s higher (to allow room for negotiation) and then negotiate down to a figure that you agree is fair. Remember, once you accept a settlement, you generally can’t go back for more, so “good” means it truly addresses your needs. If you feel financially secure moving forward after the settlement – that you won’t be burdened with expenses related to the injury – then it’s a good settlement for you.

How is pain and suffering calculated in a slip and fall?

In Canada, pain and suffering (called non-pecuniary general damages) is not calculated by a strict formula, but rather by looking at precedents – what courts have awarded in similar cases in the past. Lawyers and insurance companies will evaluate factors such as the severity of your injury, the duration of your physical pain, the level of emotional distress, any long-term or permanent effects (chronic pain, scarring, disability), and how the injury affected your day-to-day life (hobbies, family, work, etc.).

They then compare your situation to past cases with similar profiles. For example, if you broke your ankle and it fully healed in 6 months, your pain and suffering award might be comparable to other broken ankle cases. If you suffered a fractured hip and have lasting mobility issues, they’ll look at prior awards for hip fractures with complications.

Unlike economic losses, pain and suffering is inherently subjective – there’s no bill or receipt for it – so the law uses these comparisons to keep awards fair and consistent. As mentioned, there is an upper limit (around $400,000) for the most catastrophic injuries (like quadriplegia or severe brain damage that forever changes one’s life). Most slip and fall injuries are nowhere near that level, so awards for pain and suffering will be lower, proportional to the injury.

For instance, a moderate soft-tissue injury might attract maybe $15,000–$30,000 for pain and suffering in court, whereas a broken femur requiring surgery might be, say, $75,000–$100,000, depending on recovery and after-effects (these figures are illustrative; every case varies). In practice, when negotiating a settlement, lawyers might use a multiplier method as a rough tool (e.g., 1.5 to 3 times the special damages) but ultimately those multipliers are informed by case law and adjusted to the facts. The key takeaway is that pain and suffering compensation is tailored to your specific injury and how it impacted you, within the framework of what Canadian courts deem appropriate for such harm.

What happens to your body when you slip and fall?

When you slip (or trip) and fall, your body is subjected to a sudden and often unexpected impact. Physically, a few things commonly happen: If you slip backwards, you might land on your backside or back, often trying to twist to catch yourself. This can cause tailbone or back bruising, and many people instinctively reach out an arm to break the fall – leading to wrist or arm injuries. If you trip forward, you might fall on your knees or hands, or even chest, which can lead to wrist injuries, knee injuries, or hitting your face or head on the ground.

The jarring impact can cause strains and sprains (as your muscles and ligaments stretch suddenly) or impact injuries like bruises or fractures. A very common injury from even a simple fall is a fractured wrist or hand, because we tend to put our hands out. If you hit your head, you could suffer a concussion or more serious head injury. Even without a head impact, the whiplash motion of a fall can strain your neck.

Internally, your body releases adrenaline when you fall, which is why you might not feel pain immediately – only later do you realize you’re hurt. Some people feel a bit of shock or embarrassment and might jump up quickly, not noticing injuries right away. After a fall, it’s common to experience stiffness and soreness the next day, even if no major injury occurred, because your muscles tense up during the event.

In more severe falls, especially for older individuals, you might see broken bones (hips, ankles are common in seniors) or joint dislocations. The phrase “what happens to your body” can also include the physiological stress response – your heart rate spikes, and you may feel shaken. It’s always a good idea to check yourself over after a fall, move slowly, and seek medical attention if you have any pain, dizziness, or signs of injury. Some injuries (like hairline fractures or concussions) might not be obvious immediately but can become serious if untreated.

What are the injuries of slips and falls?

Slips and falls can cause a wide range of injuries, from minor to very serious. Common injuries include:

• Bruises and Contusions: Even a light fall can leave you with bruises. You might have black-and-blue marks on your hip, arm, or wherever you impacted the ground or object.

• Sprains and Strains: The sudden movement can twist joints awkwardly, leading to sprained ankles or wrists, or strained muscles and tendons (for example, a pulled back muscle).

• Fractures (Broken Bones): Broken bones are a big concern, especially for older adults. Wrists, arms, ankles, and hips are frequently fractured in falls. For instance, trying to catch yourself with your hand can result in a broken wrist or forearm. Hip fractures are common and serious in seniors who fall sideways.

• Head Injuries: Bumping your head can cause concussions or more severe traumatic brain injuries. A concussion might result from even a mild bump, causing headaches, dizziness, or confusion. More severe head impacts can lead to bleeding in the brain or long-term cognitive issues.

• Back and Spinal Injuries: Falling on your back or buttocks can injure your spine. You could suffer a slipped disc or spinal fracture. Even without a fracture, many people experience lower back pain after a bad fall. In extreme cases, spinal cord injuries could occur (especially if the fall is from a height), potentially causing paralysis.

• Cuts and Lacerations: If there is broken glass or sharp objects around, you might get cuts. Even a rough surface like asphalt can scrape the skin (abrasions).

• Knee Injuries: Falling forward onto your knees can injure the knee joint or kneecap (patella). This might result in ligament tears or a fractured patella.

• Shoulder Injuries: People sometimes dislocate a shoulder or tear a shoulder tendon when they fall and hit the ground hard or twist awkwardly.

• Psychological Injuries: It’s worth noting that beyond physical injuries, some people develop a fear of walking or anxiety about going out, especially older people who have had a bad fall. This can be considered in injury claims too, as part of pain and suffering if it significantly affects one’s life.

According to health statistics, falls are a leading cause of injury-related hospitalizations in Canada, particularly for older adults. This underlines how serious the injuries from slips and falls can be. Always take a fall seriously – what seems minor at first could turn out to be more significant, so monitor your symptoms and seek medical care if in doubt.

What are the 4 types of falls?

When people talk about types of falls, they often categorize them by the way the fall happens:

1. Slip and Fall: This is when your foot loses traction on a surface (like slipping on ice, water, or oil). Your body typically falls backwards in a slip. These often result in tailbone, back, or head injuries because of the backward fall.

2. Trip and Fall: This happens when your foot hits or catches on something, stopping your forward motion and causing you to stumble forward. Tripping on a loose carpet edge or an extension cord are examples. You usually fall forward, which can lead to hand, wrist, or face injuries as you try to catch yourself.

3. Step and Fall: This type of fall occurs when there’s an unexpected hole or a drop in elevation that you weren’t anticipating – essentially, your foot finds no ground where you expected something (for example, a missing or broken step on a staircase, or a sudden change in floor height). You lose your balance because the support isn’t where you thought it was. These falls can cause you to either drop down hard or tumble.

4. Stump and Fall: Less commonly referenced by the public, but some safety experts use this term for when something blocks your foot mid-swing (you might say your foot got “stumped”). Imagine walking and your foot hits a fixed object like a raised door threshold or a tree root; your foot stops but your body keeps moving, causing a fall. It’s similar to a trip and fall, but specifically due to a fixed object that stumps your foot’s motion.

These categories overlap a bit (and not everyone uses these exact terms), but the idea is to describe the mechanism of the fall. All of them can be related to negligence if, for example, a property owner left a tripping hazard or didn’t fix a broken step. In a legal claim, we might not use the terms “step and fall” or “stump and fall” formally, but it helps to explain how the accident happened. From an injury prevention perspective, distinguishing these types helps address the cause (like improving traction to prevent slips, clearing clutter to prevent trips, fixing steps to prevent step-and-falls, etc.).

What are the 3 types of falls for the elderly?

For older adults, falls are often discussed in terms of their causes or circumstances, and experts sometimes categorize them into three groups:

1. Accidental Falls (Extrinsic Causes): These are falls caused by environmental hazards or accidents. For example, tripping over a rug, slipping on a wet floor, or losing balance due to poor lighting or an obstacle. Even seniors with good mobility can have an accidental fall if the environment is unsafe. These are extrinsic because they stem from external factors (outside the person).

2. Anticipated Physiological Falls (Intrinsic Causes): These falls are related to an individual’s known health issues or impairments. For instance, a senior with poor balance, muscle weakness, or an unsteady gait has a higher risk of falling. If they fall, it’s not exactly an “accident” in the same sense, but rather connected to their physical condition. These are called “anticipated” because the person’s health condition makes it likely if precautions aren’t taken (like using a walker, or removing hazards in their home). Medications that cause dizziness or blood pressure drops can also contribute to these falls.

3. Unanticipated Physiological Falls: These are due to sudden medical events that couldn’t be predicted. For example, if an elderly person has a stroke, a heart attack, or faints (due to something like a sudden drop in blood pressure), they might collapse or lose control and fall. Even a person with no prior balance issues could have this type of fall because it’s triggered by a sudden internal issue (like fainting or a seizure).

These categories are often used in healthcare (such as nursing homes or hospitals) to analyze and prevent falls. In practical terms, for the elderly, any fall is dangerous regardless of type – they have more fragile bones and may suffer worse consequences. From a legal perspective, if an elderly person falls, we’d look at whether an extrinsic hazard (like a negligence-related hazard) was involved. If it was purely a health-related collapse, there might not be another party at fault (unless, say, a caregiver was negligent in monitoring).

But if an elderly tenant with known mobility issues falls on a broken stair in a poorly lit hallway, both intrinsic and extrinsic factors combined – and a landlord could be liable for the environmental hazard. Understanding the type of fall helps tailor safety measures: remove hazards for accidental falls, provide mobility aids and exercise for anticipated physiological falls, and manage health conditions to prevent the unanticipated ones as much as possible.

What is the hardest injury to prove?

In personal injury claims, the **hardest injuries to prove are often those that are invisible or subjective. For example, soft tissue injuries (like whiplash, muscle strains, chronic pain syndromes) can be challenging because they don’t show up on X-rays or MRIs in a clear way. You might be experiencing real pain and limitation, but there’s no broken bone or obvious diagnostic image to point to.

Insurance companies sometimes question or downplay these injuries, suggesting that a person might be exaggerating. Similarly, long-term chronic pain or conditions like fibromyalgia resulting from an accident can be tough to prove to a skeptical eye, because they rely heavily on the injured person’s reported symptoms. Another example is psychological injuries – such as anxiety, depression, or PTSD after an accident. While very real, they are proven through medical reports from psychologists/psychiatrists and the victim’s testimony, rather than a clear-cut lab test.

In contrast, something like a broken leg is straightforward – it’s on an X-ray, in a cast, and easy to understand. A concussion can be tricky if mild, because it might not show on a scan, but there’s growing medical documentation that can support it (and if cognitive symptoms persist, specialists can document that).

So, the hardest injury to prove might be said to be chronic pain or soft-tissue injuries that lack objective evidence. These cases often rely on credibility – consistent medical treatment records, doctors’ notes validating the injury, and sometimes expert testimony.

It’s crucial if you have such injuries to have thorough medical documentation and to be honest and detailed about your symptoms with your healthcare providers, so there’s a record. A good lawyer will also know how to present these cases, perhaps using testimony from family or colleagues about how the injury impacted you, to bolster proof. In summary, no injury is truly “impossible” to prove, but those without clear objective tests require more effort and supporting evidence to convince insurers or a court of their seriousness.

How much should I ask for a settlement?

The amount you should ask for in a settlement depends entirely on your specific case – there’s no universal number. A settlement demand should be based on the sum of your quantifiable losses plus a reasonable amount for your less tangible losses:

• First, add up your special damages: this includes things like medical bills (hospital, medication, therapy, assistive devices), any income you lost because you couldn’t work, costs of future treatment or rehabilitation, and any other expenses you incurred due to the injury (e.g. travel costs for treatment, home care, etc.). If you will continue to have costs (like ongoing physio or needing a mobility aid or renovations to your home for accessibility), those should be estimated and included as well.

• Then, consider general damages for pain and suffering and loss of enjoyment of life. Look at how the injury affected your life – did it cause you significant pain, emotional distress, or limit your activities? How long did your recovery take, and are you fully recovered or left with a chronic issue? Based on those factors and what similar cases have received, assign a dollar range for pain and suffering. For example, for a broken ankle that healed, you might ask for (hypothetically) $30,000 for pain and suffering; for a more serious broken hip with lingering mobility problems, maybe $100,000 – these figures must be tailored to your case and backed by precedent.

• Don’t forget any other damages that might apply, such as loss of housekeeping capacity (if you can’t do chores you used to do), or family member claims if applicable (in Ontario, close family can sometimes claim a bit for loss of care/companionship if your injury affected them, under the Family Law Act).

When you add these up, you’ll get a rough idea of the value of your claim. It’s wise to consult a lawyer for this process, because they can use their experience to ensure you’re not overlooking anything and to see how judges have valued similar cases. Typically, lawyers might send a demand letter with a figure somewhat on the higher end of reasonable, expecting that the insurance company will negotiate down. For instance, if a lawyer thinks a case is realistically worth about $50,000 total, they might start by asking $70,000, leaving room to negotiate and still end up around $50,000-$60,000.

Keep in mind, the number you ask for should not be outrageous or made-up – it needs to be justified by evidence and reasonable expectations. If you ask for far too much without basis, the other side won’t take it seriously. On the flip side, don’t sell yourself short.

People sometimes feel nervous about asking for a large sum, but if that sum is what’s required to make you whole (for example, to cover years of future treatment or a permanent decrease in earning ability), then it is appropriate. A good settlement is one that leaves you financially secure and acknowledges your suffering after the accident. If you’re unsure, that’s exactly what legal advice is for – at J. Solomon Law, we can evaluate your case and suggest a fair settlement range to pursue.

Get Help from an Ottawa Personal Injury Lawyer

Negligence can be a complex concept, but at its core it’s about holding people accountable when their lack of care causes harm.

If you’ve been injured in a slip and fall or any accident and suspect someone else’s negligence is to blame, you don’t have to navigate the legalities alone. J. Solomon Law is an experienced personal injury law firm based in Ottawa, and we’re here to help Ontario injury victims understand their rights and pursue the compensation they deserve. We take a client-friendly, compassionate approach – explaining the law in clear terms and guiding you step by step through your claim.

Contact J. Solomon Law today for a consultation. We can review the details of your slip and fall (or other personal injury) case, help determine if negligence was involved, and discuss the next steps.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every situation is different – for advice about your own case, please speak to a qualified lawyer.

Negligence Overview – Canadian Bar Association (explains the four elements of negligence in Canadian law)

Ontario Bar Association Article (discussion on standard of care and how a defendant’s conduct is measured against a reasonable person)

Occupiers’ Liability Act, R.S.O. 1990, c. O.2, s.3(1) (Ontario law stating that occupiers have a duty to take reasonable care to ensure visitors are safe)

Occupiers’ Liability Act, s.6 (Ontario’s 60-day notice requirement for injuries caused by snow or ice on property, added in 2020)

Negligence Act, R.S.O. 1990, c. N.1, s.1 (Ontario law allowing for apportionment of fault when plaintiff is contributorily negligent)

Supreme Court of Canada – Andrews v. Grand & Toy Ltd., [1978] 2 S.C.R. 229 (establishing the cap on pain and suffering awards in Canada, adjusted for inflation to roughly $400,000 in today’s dollars)

Public Health Agency of Canada – Seniors’ Falls Report (statistics on common injuries from falls and their impact on older Canadians)