What you must Prove in a Slip and Fall Personal Injury Claim against a Hotel

Nov 28, 2018 | Initial Consultation, Slip and Fall Claims

Moussa Sabzehghabaei

Personal Injury Lawyer

Have you been injured following a slip and fall accident at a hotel? In Ontario, slip and fall accident claims are governed by the Occupiers’ Liability Act (OLA). The gist of the OLA is found in section 3(1) and it provides that; “an occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”

What you need to prove to win a slip and fall claim against a hotel

Slip and Fall Personal Injury Claim against a Hotel

Even if you have been genuinely injured following a slip and fall accident at a hotel due to the negligence on the part of the hotel and its employees, you will still need to prove your case before you can get compensation from the hotel’s liability insurance provider or from the court in case the slip and fall accident hotel claim proceeds to trial.

1. You must prove that the defendant was actually negligent

Although this language of OLA section 3 (1) seems fairly straightforward It leads to a popular misconception that the occupier is strictly liable for any slip and fall on his premises. Note that the OLA requires that the occupier practices reasonable care, not perfect care. If you are to prevail, you must prove that the defendant was actually negligent – it is not enough that you had the accident at the premises.

2. You must prove that this negligence was the actual cause of the accident

Another common misconception from the wording of OLA section 3 (1) is that proving negligence is sufficient to be victorious. Even if the hotel fails to meet the reasonableness standard, you must still prove that this negligence was the actual cause of the accident and your injuries.

3. The hotel policy must be explored

The hotel policy must be explored to determine if they routinely monitored and cleaned potential hazards.

4. You must prove that the hazardous condition could have been made less dangerous

You must prove that the hazardous condition could have been made less dangerous through preventive measures like preventing access to the location, placing warnings, or relocating the hazard.

5. It is your duty to prove that you did not contribute to the slip and fall accident yourself

Finally, it is your duty to prove that you did not contribute to the slip and fall accident yourself. The hotel or its insurance carrier may argue that you were partially or totally responsible for the accident under the legal concept of “contributory negligence” by for example, arguing that you should have seen the hazard or could have avoided it. If you are found to be partially at fault, your damages will reduce by the same degree as your legal fault.

At Grillo Barristers, we will help you pursue your claim for serious injuries caused by a slip and fall accident resulting from a hotel or other occupier’s negligence. Call us today at +1(416)614-6000 for a free consultation.