What are your Rights when you Slip and Fall in a Shopping Mall?

Nov 26, 2018 | Legal Article

Moussa Sabzehghabaei

Personal Injury Lawyer

Cases of people slipping and falling in shopping malls and stores are very common. The common causes of such falls are water tracked in by shoppers from outside, cracked or chipped flooring, slippery surfaces, infrastructure leaks, wrinkled carpeting, freshly mopped floors and many more.

How to get compensated if you are injured.

If you are injured in such an accident, the Occupier’s Liability Act is in place to assist you to get compensated. So, what are your rights under the law?

1. You have a right to seek compensation for damages

Both pecuniary such as loss of income and medical costs and non-pecuniary such as pain and suffering if you are injured as a result of negligence on the part of the shopping mall. Section 3 (1) of the law requires the occupier to offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.

2. You are not entitled to compensation if you have willingly assumed a risk that leads to your slip and fall accident.

However, even under such circumstances, section 4 (1) of the law states that the occupier still owes you a duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.

3. Section 5 (2) of the act covers extension of liability by contract.

If you are a construction worker or are doing maintenance or repairs on the shopping mall, you shall not be covered under the act, unless this is expressly provided for and unless the occupier has taken reasonable care.

4. Section 6 (1) covers liability where an independent contractor is involved.

If the slip and fall injury is as a result of the negligent conduct of an independent contractor contracted by the occupier, such as an independent cleaning company, the occupier may not be held liable and you should follow up with the contractor for compensation.

5. Note that there may be an exception

Note that there may be an exception where the occupier is the Crown and any municipal corporation.

6. If the tenancy states that the landlord is responsible for maintenance and repair of the shopping mall

The landlord has the same duty of care as the occupier as described in the act in so far as the damage was caused by the landlord absconding his duty of care.

7. If the common area is under the control of the storeowner

It is his or her responsibility to ensure there are no dangerous conditions.

At Grillo Barristers, we understand Occupiers’ Liability law and will guide you through your claims process to ensure you are fairly compensated for your injuries, expenses and future losses.

If you would like a better understanding of the law, call our online form, email us at [email protected] or call us at (416) 614-6000 for a free consultation.

courtland holder
courtland holder
14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
Luci S.
Luci S.
21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
Jan MacMillan
Jan MacMillan
23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
Theresa Dea
Theresa Dea
23:10 19 Dec 17
It's unbelievable how long it takes for the insurance companies to settle. They live by the fact that they can outlast you! Don't give up! Hang in there! Stefanie and her team worked hard and did an excellent job. I received the best settlement available!!!
Patrick k
Patrick k
19:13 07 Dec 17
Where do I begin?? I am not usually one to leave reviews on services but this one is definitely an exception. From start to finish, I felt incredibly comfortable having my claim in Grillo's hands. I felt as though the team was in complete control and I could just sit back and receive updates when necessary. With the utmost confident I can say that Grillo Barristers is the best personal injury law firm in Toronto. The process was quick, cheap and stress free. I must especially thank Lauren Sivitilli. Having very limited knowledge of lawsuits, Lauren was able to perfectly break the processes down for me and educate me on my claim. She was quick to answer emails addressing any concerns and always kept me up to date. I will definitely be recommending Grillo Barristers services to my family, friends and coworkers. Amazing!
See All Reviews