Preventing Winter Falls: A Safety Guide for Ontario Seniors

Ontario’s cold months can bring beautiful snow-covered landscapes, but for many seniors, they also bring a heightened risk of a dangerous fall. For older adults, even a minor fall can have serious consequences, from fractures and head injuries to diminished independence. Fortunately, there are practical steps seniors can take to stay safe, and Ontario law also protects victims when falls occur.

Understanding the Risks: Why Seniors Must Stay Careful

• Winter weather hazards: Snow, ice, and freezing rain can make walkways, parking lots, and even building entries unexpectedly slick.

• Aging-related changes: Slower reflexes and reduced bone density can magnify the impact of a slip.

• Greater injury severity: Seniors are more prone to fractures, head trauma, and lingering mobility problems after a fall.

Practical Prevention Tips

1. Improve Home Safety

• Clear snow and ice from driveways, steps, walkways, and porches to keep them safe.

• Apply salt, sand, or ice-melt products early and frequently throughout the day.

• Install bright, non-slip mats at entryways.

• Consider adding railings or grab bars at entrances and along walkways.

2. Wear Proper Footwear

• Choose insulated boots or shoes with textured soles designed for ice and snow.

• Avoid smooth-soled indoor footwear that easily slips.

• Try adding removable traction devices (“ice cleats”) when walking outside in icy conditions.

3. Use Mobility Aids

• Consider walking poles or canes with ice-friendly tips.

• Use railings and ramps wherever possible, rather than stairs.

4. Improve Visibility

• Carry strong, portable lights near entryways for evening time trips.

• Wear reflective clothing or accessories when out in low light or dim weather.

• Clear overhanging branches to let more daylight reach walkways.

5. Get Medical Assessment

Even if no obvious injury occurs, visit a doctor after a fall. Evaluating for concussion, internal injuries, or bone fractures is vital. Medical records also help if you decide to seek legal help later.

Your Legal Rights: Ontario Occupiers’ Liability Act

Ontario’s Occupiers’ Liability Act (OLA) creates a legal duty for people in charge of properties (owners, landlords, managers, even snow removal contractors) to maintain safe premises. They must take reasonable care under the circumstances, including clearing snow, sanding, salting, or posting warnings when hazards exist.

60-day Written Notice for Snow/Ice Falls

Since December 2020, a senior slipping on snow or ice on private property must provide a written notice of claim within 60 days under section 6.1 of the OLA.

This notice must include:

• Date, time, and location of the fall

• Delivered by registered mail or in-person

Missing this deadline could prevent you from filing a lawsuit, even if your injuries are severe.

Leading Case Law Protecting Seniors

Waldick V. Malcolm (1991, SCC)

The Supreme Court of Canada in Waldick v. Malcolm ruled that property owners owe a duty to take reasonable steps to prevent injury. They must consider factors like knowledge of hazards, availability of resources, and frequency of inspection. This case remains the foundation of occupiers’ liability in Ontario.

Lyng V. Ontario Place Corporation (2024, ONCA)

In Lyng v. Ontario Place Corporation, a concertgoer slipped on wet grass beside a pedestrian bridge. The Ontario Court of Appeal confirmed that occupiers must guard against obvious hazards, such as slick grass after rain, by taking reasonable precautions like signage or barricades. This decision highlights that homeowners and businesses must take active steps to prevent foreseeable harm, even when the danger occurs naturally. 

What to Do If You’ve Fallen on Ice or Snow

1. Seek immediate medical attention – Your health should always come first but do make a note of all injuries.

2. Assemble evidence – Take photos of the scene, collect witness contact information, and note weather conditions and timestamps.

3. Give written notice within 60 days – Describe where and when the slip and fall accident happened. Send it to the property owner or snow contractor via registered mail.

4. Consult a slip and fall lawyer – A legal expert can ensure your case meets all procedural requirements under the OLA and gather evidence to prove negligence.

Call Us for Experienced Help

If you or a loved one has slipped and fallen on icy or snowy property in Ontario, time is of the essence. Procedural rules are strict. Evidence matters. Injuries can lead to serious health impacts and financial challenges.

Our slip and fall lawyers at Kelly Greenway Bruce are ready to guide you through every step. We can:

• Draft and serve your 60-day notice letter

• investigate the incident

• file your claim

• champion your compensation

Serving communities across the Durham region and Greater Ontario, we focus on helping seniors regain control and security.

Stay Safe and Know Your Legal Options

Slips and falls on winter ice are not just accidents; they are largely preventable. Seniors can take safety measures at home, wear appropriate footwear, use aids and lights, and ask for help when needed. However, when a fall happens because someone else failed in their duty to maintain safe property, Ontario’s laws exist to hold them accountable.

If you fall and suffer injury due to inadequate snow or ice removal, call Kelly Greenway Bruce’s slip and fall lawyers today. We advocate for seniors and work tirelessly to obtain the full compensation they deserve.

One quick call could protect your rights and ease your recovery journey.