As summer transitions into fall, changing weather conditions can create increased risks for visitors to commercial properties. Frequent rainfall, falling leaves, reduced daylight hours, and fluctuating temperatures all contribute to conditions that may increase the likelihood of slip and fall accidents. For businesses, these seasonable hazards are not unexpected. Property owners and occupiers are generally expected to take reasonable steps to maintain safe premises and address hazards that may arise during the fall months.
Rainy fall weather introduces several challenges that can affect pedestrian safety. Wet leaves often accumulate on sidewalks, walkways, ramps and parking lots. When saturated by rain, leaves can become slippery and may conceal uneven pavement, cracks, potholes or other defects. Water accumulation can also create slick surfaces that may be difficult to detect, particularly during periods of heavy rainfall or poor visibility.
These hazards are not limited to outdoor areas. Rainwater is frequently tracked indoors by customers, employees and visitors. Entrances, vestibules, tiled flooring and common areas can quickly become slippery when moisture accumulates. Without appropriate maintenance procedures, a safe surface can become hazardous within a relatively short period of time.
Businesses are not expected to eliminate every possible risk. However, they may be required to take reasonable steps to identify foreseeable hazards and respond appropriately. Depending on the circumstances, this may include regular property inspections, prompt removal of west leaves, maintenance of drainage systems, placement of warning signs, deployment of floor mats, and timely cleanup of accumulated water.
The condition of parking lots and walkways can also become increasingly important during the fall season. Uneven pavement, broken curbs, inadequate lighting, and poor drainage may create additional risks when combined with wet weather. Hazards that may be relatively minor during dry conditions can become significantly more dangerous once surfaces become slippery.
Visibility also plays an important role in fall related accidents. As daylight hours become shorter, many individuals arrive at or leave businesses in reduced lighting conditions. Areas that are poorly illuminated may make it difficult for visitors to identify hazards such as pooled water, uneven walking surfaces, changes in elevation, or debris accumulation. Businesses should be aware that reduced visibility may increase the risk of accidents to their premises.
When a slip and fall accident occurs, the consequences can be significant. While some individuals experience relatively minor injuries, others may suffer fractures, head injuries, concussions, chronic pain conditions, psychological injuries or spinal injuries, amongst many others. Older adults may be particularly vulnerable to serious injuries following a fall, often requiring extensive treatment and rehabilitation.
Following a slip and fall accident, documentation is often important. Photographs of the area, weather conditions, footwear, visible hazards and injuries may assist in preserving evidence. Witness information may also be important if there are questions regarding the condition of the premises or the circumstances surrounding the fall.
Medical attention should generally be sought as soon as possible following an accident. Some injuries may not be immediately apparent, and prompt medical assessment can assist both in treatment and in documenting the connection between the accident and any resulting injuries.
In Ontario, occupiers of premises have legal responsibilities toward individuals who enter their property. Whether a property owner, tenant, property manager, or business operator may be legally responsible for a particular accident will depend on specific facts of each case. Issues such as maintenance procedures, inspection practices, weather conditions, notice of hazards, and actions taken by the occupier before the accident may become relevant.
Slip and fall claims are often highly fact specific. What may appear to be a simple accident can involve complex questions regarding maintenance records, inspection scheduled, weather conditions, surveillance footage, and legal obligations under Ontario law. As a result, individuals who have suffered injuries following a fall at a commercial property may wish to seek legal advice regarding their circumstances and potential rights.
Frequently Asked Questions
Can a business be responsible for a slip and fall accident caused by rainwater?
Potentially. Businesses are generally expected to take reasonable steps to address foreseeable hazards, including water accumulation that may create a slipping hazard for visitors.
Are wet leaves considered a hazard?
They can be. Wet leaves may become slippery and may also conceal defects such as cracks, potholes, uneven pavement, or other dangerous conditions.
What should I do after a slip and fall accident?
If possible, report the incident, document the area with photographs, obtain witness information, and seek medical attention for any injuries.
Can I still bring a claim if there was a warning sign present?
The presence of a warning sign does not automatically prevent a claim. Each situation depends on the specific circumstances, including whether reasonable steps were taken to address the hazard.
What types of injuries commonly result from slip and fall accidents?
Slip and fall accidents may result in fractures, sprains, soft tissue injuries, head injuries, concussions, spinal injuries, and chronic pain conditions.
Why is medical documentation important?
Medical records help document injuries, treatment recommendations, and the progression of symptoms following the accident.
Do slip and fall accidents only occur outdoors during rainy weather?
No. many falls occur indoors when rainwater is tracked into entrances, hallways, vestibules, and other areas of a business.
Are parking lots included in a business’s maintenance responsibilities?
Depending on the circumstances, parking lots, walkways, entrances, and other areas used by visitors may be subject to maintenance obligations.
Does poor lighting affect liability?
Inadequately lighting may be a relevant factor where visibility contributes to the existence of an unsafe condition or prevent visitors from identifying hazards.
Should I keep records of expenses related to my injury?
Yes. Medical expenses, treatment costs, transportation expenses, and other accident related losses may be important if a claim is pursued.
If you have been involved in an incident causing you injury, it is always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (844) DIAL JRJ.