Stair Fall Injuries in Ontario: Homeowner and Property Owner Responsibilities

Stair fall injuries in Ontario can happen in homes, restaurants, stores, and other commercial properties. When stairs are unsafe, the consequences can be serious. Since 2005, Auger Hollingsworth Accident & Injury Lawyers has helped injured Ontarians understand their rights after falls caused by dangerous property conditions.
Stair accidents are more common than many people realize. They happen indoors and outdoors. In Ottawa, winter weather adds another layer of risk, but stair-related injuries are not limited to snow and ice. Poor lighting, damaged carpeting, missing handrails, uneven stair dimensions, and deteriorating materials can all contribute to a serious fall.
As Calla Rose explained on Ask the Expert, one of the key legal questions is whether the condition of the stairs contributed to the fall and resulting injuries.
Stair Fall Accidents Are More Common Than People Think
Falls on stairs are common in both residential and commercial settings. People can fall going down stairs, but they can also fall going up them. In both situations, the momentum of the fall can lead to significant injuries.
These cases can involve:
- homes
- rental properties
- restaurants
- retail stores
- office buildings
- exterior stairways and porches
Because of the way people fall on stairs, injuries are often more serious than a simple slip on flat ground. A person may strike multiple steps, hit a railing, or lose consciousness before reaching the bottom.
Why Stair Falls Can Cause Serious Injuries
When someone falls on stairs, the force and momentum can make the injuries severe. Calla described a case involving an outdoor fall at a commercial property in Ottawa where the person fell from the top of concrete stairs, lost consciousness, and suffered fractures and a lasting brain injury. He was in his late 40s and never returned to work.
That example reflects what makes these cases so serious. Stair falls can lead to:
- fractures
- head injuries
- brain injuries
- hip, shoulder, and spinal injuries
- long-term disability
- loss of income
Even a single defect can have life-changing consequences if the person falls awkwardly or is unable to catch themselves.
What Makes Indoor Stairs Unsafe?
Indoor staircases can present hazards even when weather is not a factor. One issue is that people develop muscle memory when using stairs. When stair dimensions are even slightly off, that can disrupt normal movement and cause a person to trip.
The Ontario Building Code sets standards for stair construction, including the height of the riser and the depth of the tread. If those measurements are inconsistent, a person may miss a step or catch their foot unexpectedly.
Other indoor stair hazards can include:
- inadequate lighting
- torn or lifted carpeting
- slippery surfaces
- sharp stair nosing
- missing or non-continuous handrails
- loose handrails
- railings that cannot be properly grasped
A handrail is especially important because it may prevent a stumble from becoming a serious fall. But if the rail is loose, too thick to grip properly, or not continuous, it may not serve its purpose when needed most.
What Makes Outdoor Stairs Unsafe?
Outdoor stairs carry many of the same risks as indoor stairs, but they also face constant exposure to the elements. In Ottawa, snow, ice, salt, rain, and freeze-thaw cycles can quickly change the condition of outdoor stairs.
Common outdoor stair hazards include:
- snow and ice accumulation
- failure to salt or clear the stairs
- crumbling concrete
- rotting wood
- loose stones or pavers
- poor traction when wet
- missing handrails
- surfaces that shift over time
Calla emphasized that exterior stairs need closer attention because their condition can deteriorate much faster than interior stairs. A staircase that seemed stable earlier in the season may become dangerous after repeated exposure to winter weather.
Handrails Matter More Than Many Property Owners Realize
One of the clearest themes in the segment was the importance of handrails.
For exterior stairs, fencing alone is not enough. A person needs a handrail they can actually grasp if they slip or misstep. Without that support, a small stumble can become a full fall.
For interior stairs, the same principle applies. A handrail that is too thick, improperly mounted, or installed into weak material may fail when someone needs it most.
Calla described a case involving a grocery store where the handrail was too thick to be properly gripped. A client fell down the stairs and could not catch herself. After the case, the handrails at that chain of stores had to be updated.
That example shows how stair safety issues are often identified only after someone is injured.
How Do You Know if Your Stairs Are Safe?
This is a question many homeowners and business owners ask only after an accident happens.
The answer depends partly on whether the property is residential or commercial. Courts generally expect more active inspection and maintenance from commercial occupiers because they invite the public onto the property for business purposes.
Still, homeowners also have important responsibilities.
As a practical matter, property owners should regularly check for:
- good lighting
- loose or weak handrails
- uneven stair dimensions
- torn or lifted carpeting
- deteriorating wood or concrete
- cracked or shifting stone steps
- poor traction on stair surfaces
- snow and ice buildup in winter
These are basic but important safety checks. In many cases, the problem is not that the defect was hidden. It is that no one addressed it before someone got hurt.
Commercial Properties May Face a Higher Standard
Commercial properties are often under a higher level of scrutiny because owners and occupiers are inviting customers, clients, and visitors onto the premises.
In these cases, courts often look at whether the business had:
- routine inspections
- regular maintenance
- prompt repairs
- adequate lighting
- code-compliant handrails and stair dimensions
Calla noted that there is not always a city inspector regularly checking stairs after a building is complete. Many of these issues are discovered retrospectively, after an injury has already happened. That makes proactive inspection especially important for businesses.
If a known defect is left unaddressed in a commercial setting, that can create significant exposure.
Homeowner Responsibility for Stair Safety
Homeowners are not automatically responsible every time someone falls on their stairs. There must be a connection between the person’s fall, their injury, and the unsafe condition of the staircase.
That said, homeowners can absolutely be held liable where stairs are not reasonably safe.
For residential stairs, common concerns include:
- no proper handrail
- rotting deck stairs
- deteriorating porch steps
- poor lighting
- crumbling concrete
- slippery surfaces without traction
- snow and ice that were not cleared
If a homeowner knows, or should know, that the stairs are unsafe and fails to address the issue, liability may follow.
The Role of the Ontario Building Code
The Ontario Building Code plays an important role in stair injury cases. It helps define what compliant stairs should look like in terms of:
- riser height
- tread depth
- handrail requirements
- other structural safety features
A staircase that does not meet code may create evidence that the property was unsafe. That does not automatically decide the case, but it can be an important factor.
In practice, building code issues often arise when:
- a new building is constructed
- a renovation is completed
- an older staircase has not been properly updated
- a commercial property has unsafe design features
Calla noted that homeowners should not assume a contractor has handled everything properly without question. It is worth checking that important safety features, especially handrails and lighting, are in place and secure.
Examples of Stair Hazards That Can Lead to Claims
The segment highlighted several examples that often appear in real cases:
- a handrail pulling out of the wall when someone grabs it
- a railing that is too thick to grip
- uneven risers or treads that disrupt footing
- lifted carpet creating a trip hazard
- rotten wooden steps outside
- stone or paver steps that shift underfoot
- concrete stairs crumbling from weather exposure
- stairs that are icy and have not been salted
These issues may seem minor until the moment someone falls.
What an Injured Person Must Show
In a stair injury claim, it is not enough to show that a fall happened. The injured person must show that the condition of the stairs contributed to the accident.
That often means proving:
- what the unsafe condition was
- where it was located
- how it caused the fall
- what injuries resulted
This is why early documentation can matter. Photographs of the stairs, railing, lighting, or defect can help preserve evidence before repairs are made.
Why Early Legal Advice Matters
Stair injury claims can involve building code issues, maintenance records, inspection practices, and questions about whether the defect actually caused the fall. These cases are fact-specific and often require a close look at both the physical condition of the stairs and the history of the property.
At Auger Hollingsworth Accident & Injury Lawyers, we have seen how devastating these injuries can be, especially when a fall results in a brain injury, fracture, or permanent loss of income.
Understanding your rights early can make it easier to preserve evidence and assess whether the property owner may be legally responsible.
Talk to Auger Hollingsworth About a Stair Fall Injury
If you were injured on unsafe stairs in Ontario, whether at a home, business, or commercial property, you may have legal options.
Not sure if you need a stair fall injury lawyer? That’s okay. Start with a free consultation and a conversation.

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