Homeowner Slip and Fall Liability in Ontario: What to Know

Slip and fall accidents do not just happen in shopping malls or parking lots. Many serious injuries occur on residential properties, often because homeowners are unaware of their legal responsibilities.

Since 2005, Auger Hollingsworth Accident & Injury Lawyers has represented injured Ontarians in slip and fall claims involving private homes, rental properties, and poorly maintained walkways. As Brenda Hollingsworth explained on Ask the Expert, liability often arises from everyday hazards that homeowners stop noticing—until someone gets hurt.

Understanding your obligations before winter arrives can help prevent injuries and protect you from legal exposure.

Are Homeowners Responsible for Unsafe Walkways?

Yes. Under Ontario’s Occupiers’ Liability Act, homeowners have a legal duty to take reasonable steps to keep their property safe for anyone who may enter it. This includes:

Guests
Delivery drivers
Neighbours
Children trick-or-treating
Unexpected visitors
Even trespassers in some circumstances

Liability does not depend on whether you invited the person onto your property. It depends on whether a hazard existed and whether reasonable steps were taken to address it.

Interlocking Brick Walkways Are a Common Hazard

Interlocking brick walkways were extremely popular in Ontario 15 to 20 years ago. Today, many of them are shifting, sinking, and warping due to age, freeze-thaw cycles, and soil movement.

As Brenda explained, these walkways create real risks:

Uneven surfaces
Raised or sunken bricks
Small dips and divots
Areas where water pools after rain

Homeowners often do not notice these changes because they walk the same path every day. Someone unfamiliar with the property—especially a delivery driver or visitor carrying items—will notice immediately, often when it is too late.

If someone trips and is injured, you can be held liable.

Why Small Dips Become Big Problems in Winter

One of the most dangerous features on any walkway is a shallow depression where water collects. These “puddle spots” are especially hazardous because:

Water pools instead of draining
The area freezes before surrounding surfaces
Ice persists even after shovelling and salting
Freeze-thaw cycles make the surface unpredictable

From decades of experience, we know these are the exact spots where people fall and suffer broken wrists, ankles, and serious soft-tissue injuries.

If a dip cannot be fixed immediately, it must be made safe.

What If You Can’t Afford to Repair the Walkway?

Ontario law does not require perfection, but it does require reasonable safety measures. If you cannot afford to redo an entire walkway, you still have options:

Block off the hazardous area
Redirect foot traffic
Use planters or barriers to prevent access
Clearly guide visitors to a safer route

Doing nothing is not an option. If a hazard is known—or should have been known—you are expected to address it in some meaningful way.

As Brenda noted, if the area is unsafe and cannot be fixed promptly, closing it off entirely may be the safest solution.

Halloween Brings Increased Risk for Homeowners

Halloween presents a unique risk profile for homeowners because it combines increased foot traffic, reduced visibility, and unpredictable movement patterns. Unlike invited guests, trick-or-treaters are unfamiliar with your property and may approach from different angles, walk on grass instead of walkways, or cluster together at entrances.

Children may also be wearing costumes that limit visibility, restrict movement, or obscure footwear. Masks, capes, oversized shoes, and poor peripheral vision all increase the likelihood of a fall. Add darkness, damp leaves, uneven walkways, or early frost, and the risk rises significantly.

From a legal perspective, the law does not lower the standard of care simply because it is Halloween. Homeowners are expected to anticipate that children will be present and to take reasonable steps to ensure safe access to the front door. This includes:

Clearing walkways of debris and obstacles
Ensuring paths are well lit
Identifying uneven or shifting surfaces
Blocking off unsafe areas rather than assuming visitors will avoid them

In our experience, slip and fall injuries involving children often lead to serious claims, not because the hazard was extreme, but because it was foreseeable and unaddressed. A short seasonal inspection before Halloween can prevent injuries and avoid long-term legal consequences.

Tenants May Also Have Legal Responsibility

Another important point raised in the discussion is that the law has changed.

In the past, tenants were often told snow and ice were always the landlord’s responsibility. Recent court decisions have shifted that understanding.

Depending on your lease:

Tenants may share responsibility
Tenants may be fully responsible for snow and ice removal

If you rent your home, it is essential to review your lease carefully. What was true several years ago may no longer apply.

What “Reasonable Care” Looks Like for Homeowners

Ontario law does not expect homeowners to eliminate all risk. The legal standard is reasonable care, which is assessed based on what a prudent person would do in similar circumstances.

Reasonable care is active, not passive. It involves ongoing attention to conditions that change over time, especially during seasonal transitions.

In practice, reasonable care often includes:

Regularly walking your property to identify hazards
Repairing uneven surfaces where possible
Addressing pooling water and drainage issues
Clearing snow and ice promptly after accumulation
Applying salt or grit during freeze-thaw cycles
Blocking off or redirecting access around known hazards
Increasing lighting where visibility is poor

Importantly, reasonable care is context-specific. A minor dip that is harmless in summer may become dangerous in winter. A walkway that is safe during the day may be hazardous at night.

How Slip and Fall Claims Are Assessed

Slip and fall claims are highly fact-driven. When an injury occurs on residential property, insurers and courts examine both the condition of the property and the actions of the homeowner or occupier.

Key factors typically include:

The nature and visibility of the hazard
How long the hazard existed
Whether it was foreseeable
Weather conditions and temperature fluctuations
Maintenance and inspection efforts
Whether temporary safety measures were taken
Whether safer alternative routes were available

Evidence plays a central role. Photographs taken shortly after the incident, weather records, witness statements, and maintenance logs can all influence the outcome of a claim.

ALSO READ: Written Notice in Ontario Slip and Fall Claims