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Slip and Fall Accident Lawyers in Prince Edward Island

wet floor sign

A fall can take far longer to recover from than most people expect. If you or someone you love has been injured in a slip and fall on Prince Edward Island — at a shop, on a sidewalk, or somewhere you pass through every week — the effects reach well beyond the injury itself. You’re taking time away from work, keeping up with treatment, and managing a claim you never planned for.

Our door is open whenever you need it. MacGillivray Law has long represented injured Islanders, from Charlottetown and Summerside to the communities in between, and we know what these claims take here. We collect the records, handle the file, and keep it on track. Call whenever you’d like to talk it through. There’s no fee unless we win, and your focus stays on healing.

Can I sue after a slip-and-fall accident in Prince Edward Island?

When you are injured on public or private property due to someone else’s negligence, you can sue for compensatory damages. Common types of “slip and fall” claims may include accidents caused by any of the following:

Common types of slip and fall claims
  1. Slippery or wet floors due to spills or cleaning
  2. Icy sidewalks, driveways, or front steps
  3. Cracks or potholes in the pavement
  4. Uneven surfaces
  5. Improper or missing handrails on stairs
  6. Poorly built steps or stairs
  7. Bad lighting
  8. Unsecured or torn carpets

If you’ve been injured in a slip-and-fall accident caused by someone else’s negligence, contact our team for a free consultation.

How do you determine who is at fault for a slip-and-fall injury?

How court determines fault in slip and fall cases

PEI relies on legislation, specifically the Occupiers’ Liability Act, RSPEI 1988, c O-2, to determine who is at fault for a slip-and-fall injury. A property owner, or “occupier”, must take reasonable care to ensure that people on their premises are reasonably safe. Occupiers are the people who:

  1. have physical possession of the premises;
  2. are responsible for and have control over the property’s condition, the activities carried out on it, and the people allowed on the premises.

A landlord may be considered an occupier under the Act so long as ensuring the property is reasonably safe and well maintained is the landlord’s responsibility.

The outcome of slip-and-fall cases are heavily reliant on the specific facts of the situation. A personal injury lawyer can evaluate the facts of your case to determine if the Act applies.

How do I prove someone was at fault for my injury?

Next steps if you are injured in a fall

To prove someone else was at fault for your fall, you should gather evidence that strengthens your case. You should immediately photograph where you fell, capturing both close-up and broader views, and ensure the photos reflect conditions during the fall. Wearing proper footwear can further show the fall was not your fault, so you should keep the footwear you were wearing at the time of the fall. Seek medical attention promptly and for as long as it is needed, whether it’s emergency care or a visit to your doctor, to document your injuries. Also, keep all related receipts, like those for treatment or medications.

A personal injury lawyer will navigate the legal process and ensure you’ve collected adequate evidence.

How can property owners prevent slip-and-fall accidents from occurring?

There are several ways to protect people from being injured on a property. The following list is not exhaustive:

  1. Ensuring warnings of any potential dangers are visible.
  2. Ensuring premises are lit.
  3. Ensuring walkways are clear.
  4. Repairing any potholes, uneven thresholds, and damaged stairs and railings.
  5. In the winter, ensuring safety salt is spread to avoid ice-covered surfaces.

How much is my slip-and-fall injury claim worth?

In a slip-and-fall injury claim, you can be awarded financial compensation, called “damages” under the following categories:

  1. General Damages: The general damages portion of an injury claim is to compensate people for their pain, suffering, and loss of enjoyment in their life. General damages vary based on the type of injury a person sustained.
  2. Lost Wages:Past lost wages describe compensation for the wages you lost, including time off immediately following an accident, time off for medical appointment and therapy, and any leaves you may have needed to take as a result of your injury.
  3. Medical Expenses:Medical expenses are costs incurred as part of your diagnosis, care, and treatment. These costs include ambulance fees, expenses from the hospital, physical therapy, fees associated with diagnostics and imaging, prescription medication, medical supplies, and other related expenses.
  4. Loss of Earning Capacity:Loss of earning capacity describe a lump sum award when a person has lost some of their ability to work due to their injuries, but the loss cannot be calculated with precision.
  5. Future Lost Wages:Future lost wages describe the compensation received by an injured party for the wages they will not receive in the future because they have had to stop working due to their injuries.
  6. Loss of Essential Services: Loss of essential services covers the cost of housekeeping, home maintenance, and other essential services that an injured person may require after their fall accident if they are no longer able to do that work after their injury.

You can use our Injury Claim Calculator to learn more about how a claim is evaluated. Learn more about General Damages by reading our guide.

The amount of money awarded under each category depends on the loss incurred because of your injury. Some common injuries that arise from falls include:

  1. Ankle fractures or breaks
  2. Wrist fractures or breaks
  3. Concussions
  4. Nerve damage
  5. Damage to internal organs
  6. Chronic pain
  7. Hip fractures or breaks
  8. Neck, back, and spinal cord injuries, such as herniated discs
  9. Shoulder dislocation
  10. Muscle strains
  11. Knee fractures or breaks

Calculate My Injury Claim Settlement

Get an estimate value range for your injury claim.

Keeping an organized record of your appointments, time missed from work, injury-related limitations, and any money spent because of the injuries sustained in the fall is valuable information in building your case. These incurred costs can increase the amount of money you are awarded in a claim for personal injury.

Since each claim is unique, the best way to get an accurate valuation of your claim and maximize your award is to speak with an experienced personal injury lawyer.

How long do I have to sue after a slip-and-fall accident?

In Prince Edward Island, you must file a personal injury lawsuit within two years of date of the accident. However, in Prince Edward Island, there are conditions that can shorten or extend this deadline. For example:

  1. If the injured party is a minor, the two-year limitation period is extended.
  2. If the property is owned by a municipal, provincial, or federal government, you may have to notify them of your intention to sue earlier than the two-year deadline and the limitation period may be shorter than two years.

Although you may have two years to file a personal injury lawsuit, you should speak to a lawyer as soon as possible after an accident to make sure that time-sensitive evidence is collected, like photos of the dangerous property conditions, security video footage, or witness statements. If you delay, this evidence may be lost or obstructed, making it more difficult to prove negligence.

An experienced personal injury lawyer has a thorough understanding of the laws and limitation periods that apply to slip-and-fall accidents.

Do you need a lawyer for your slip-and-fall claim, and how much does it cost?

Insurance companies often aim to minimize payouts after a slip-and-fall incident. Having a lawyer means they’ll handle communications with insurers, gather necessary evidence, assess medical expenses, negotiate settlements, collaborate with experts, and ensure your interests are prioritized while you recover.

We operate on a contingency basis. You only pay when you receive a settlement or win at trial, with our fees being a percentage of that award. We cover upfront costs, like expert reports, to maximize your claim’s value. Before your case settles, you’ll know the net amount you’ll receive in your pocket. If your claim doesn’t succeed, you pay nothing.

Learn more about the benefits of hiring a personal injury lawyer.

Where can a slip-and-fall accident occur?

A slip-and-fall accident can happen almost anywhere. However, there are common places where a slip-and-fall accident is more likely to occur, some of which include:

  1. Parking lot
  2. Hotel
  3. Restaurant or nightclub
  4. Workplace
  5. Staircase in residential or commercial building
  6. Entertainment establishment
  7. Driveway or walkway
  8. Gas station
  9. Swimming pool
  10. Nursing home or assisted living facility
  11. Amusement park
  12. Medical treatment facility
  13. Escalator or elevator
  14. Publicly owned space like sidewalk or street

Can I sue if I slip and fall in a store?

If you slip-and-fall in a store due to its negligence in maintaining a safe environment, you may pursue legal action. In fact, slip-and-fall incidents are quite common. For context, over 42,000 workers face injuries from falls annually, and this doesn’t even account for customers.

The following slip-and-fall cases demonstrate outcomes where the injured party won damages in court. While many personal injury claims settle outside court, lawyers often refer to case law to negotiate favourable settlements for their clients.

Marche v. Empire Co. Ltd., 2000 CanLII 3521 (NS SC): Ms. Marche slipped on a grape in a grocery store, injuring her tailbone and lower back. The store was deemed responsible since it knew about frequent produce spills yet lacked precautions like mats, warning signs, or proper cleaning. Consequently, the store was found entirely liable for her injuries.

Lawson v. Costco Wholesale Canada Ltd., 2010 ONSC 360: Ms. Lawson sued Costco after slipping on a piece of lettuce that had fallen from a Caesar salad display, injuring her shoulder, leg, and hip. Her lawsuit was successful because Costco failed to follow its maintenance system, and the store could not prove that the employees had cleaned the floors to remove hazards.

Legood v. Atlantic Wholesalers Ltd., 2002 NBQB 41: Ms. Legood sued Atlantic Wholesalers after she slipped and fell in a pool of watermelon juice while shopping in the store. She was successful because Atlantic Wholesalers could not show that its employees had followed the maintenance plan and checked the floor areas to remove hazards.

Can I sue for a slip and fall at a rental property?

If you slip and fall at a rental property due to the owner’s negligence in ensuring a safe environment, you can pursue legal action. Typically, if the landlord is found liable, their insurance company would be responsible for compensation. While many claims are settled outside of court, lawyers often reference case law to negotiate favourable settlements.

For instance, in Hunter v. Anderson, 2010 BCSC 1591: Ms. Hunter, a tenant, injured her elbow necessitating surgery after slipping on black ice on her apartment stairs. She was deemed 75% liable since she wore inadequate winter footwear and had agreed to handle snow removal in return for reduced rent. The landlord’s liability was therefore reduced accordingly, but she was still required to pay 25% of Ms. Anderson’s assessed damages.

Can I sue for a slip and fall at an Air BnB?

If you slip and fall at an Air BnB due to the host’s negligence in ensuring a safe environment, you have the right to pursue legal action. Hosts should maintain their properties to avoid hazards. If they don’t and you’re injured, they could be held liable.

If insured, the host’s policy may cover your injuries. Additionally, Airbnb provides Host Protection Insurance (HPI) which offers up to USD 1 million coverage per incident for bodily injury or property damage. However, it doesn’t cover damages from mould, pollution, or intentional harm to the property.

Can I sue for a slip and fall on a sidewalk?

In Canada, winter often brings icy sidewalks, and weather changes can cause potholes or cracks. If you’re injured due to these hazards, you might be able to pursue legal action. However, as many sidewalks are government-owned, you must be aware of strict timelines to notify of your intent to sue. While many claims are settled outside of court, lawyers often reference case law to negotiate favourable settlements.

Bowden v. Withrow’s Pharmacy Halifax (1999) Ltd., 2008 NSSC 252: Ms. Bowden fell transitioning from a sidewalk to a crosswalk in slush. Although the sidewalk fronted a pharmacy, snow removal was contracted out, and the Halifax Regional Municipality oversaw both the crosswalk and sidewalk. The pharmacy was not held responsible, but the municipality settled the claim with Ms. Bowden.

Can I sue my employer if I slip and fall at work?

Generally, if you are injured in a slip-and-fall accident at work, you will be covered under Workers’ Compensation benefits. If you are not covered under Workers’ Compensation benefits, you can bring a civil claim. If you were injured at work and are unsure of how to proceed, you should seek legal advice.

Can I sue if I slip and fall at someone’s house?

If you’re injured due to a homeowner’s negligence in ensuring a safe environment, they could be liable for your injuries. In many cases, the homeowner’s insurance might cover such incidents. While many personal injury claims are settled outside of court, lawyers often reference “case law” to negotiate settlements.

Gill v. A&P Fruit Growers Ltd., 2009 BCSC 412: Mr. Gill fell from a mobile home door lacking stairs. Because of his alcohol impairment and failure to look before stepping, the court found him 30% liable. Since the homeowner invited him and didn’t warn of the hazard, they were deemed 70% liable for his injuries.

Can I sue if I slip and fall while playing recreational sports?

If injured during recreational sports due to the organizer’s negligence in warning about risks or the venue’s failure to ensure safety, you might have grounds to sue.

We represent people injured in slip-and-fall accidents in Prince Edward Island

At MacGillivray Injury and Insurance Law, we understand the physical, emotional, and financial toll that slip-and-fall accidents can take on your life. Our dedicated team of personal injury lawyers is here to guide you through the legal process. We are committed to securing the compensation you deserve and helping you get your life back on track. Reach out today for a free consultation with a member of our team.

Further Reading

WHY MACGILLIVRAY

We Know What You're Going Through — and We Know How to Help.

COST

You Won't Pay Anything Unless We Win

No upfront costs, no hourly rates. If we don't win your case, you owe us nothing. It's that simple.

PROCESS

We keep you in the loop, every step of the way.

We use the latest tools to manage your file and keep you updated every step of the way so you are never left in the dark.

TEAM

One call brings a whole team to your side.

From your first call, a team of staff works together on your file — focused entirely on getting you the settlement you deserve.

An injury can turn your life upside down overnight. Between managing your recovery, dealing with insurance companies, and worrying about your finances, it's a lot to carry. At MacGillivray Law, we're here to carry it with you.

Trusted by PEI Families When it Mattered Most.

November 2026

After a life-altering motor vehicle accident left me unable to work, I found myself facing an uphill battle with my long-term disability insurance provider. Despite having legitimate medical conditions and being unable to return to my career, my claim was denied, and my subsequent appeal was unsuccessful.

From the beginning, they treated my situation with compassion, professionalism, and determination. They understood that this wasn’t simply about an insurance policy or a financial settlement. It was about my livelihood, my family’s financial security, and having my circumstances taken seriously.

Stephanie Dean 5 star
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October 2026

I highly recommend MacGillivray Injury & Insurance Law firm to anyone who has been involved in an accident or is in need of their services. I reached out to them after a motor vehicle accident and they took me on right away. They returned my calls quickly, explained each step in plain language, and handled all the back-and-forth with the insurance company. They are a wonderful team of professionals who successfully negotiated a settlement on my behalf and I couldn’t be happier with the results. If you need a personal injury firm in Newfoundland that communicates well and fights for a fair judgment then don’t hesitate to contact them.

Michael Burke 5 star
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October 2026

MacGillivray Injury & Law Insurance are by far the best. I couldn’t ask for a better lawyer than Emma Neynens and her team.

When I had questions, they were able to help me out and point me in the right direction; they’re very understanding; and they respond in a timely manner. The communication was over the phone, then by email.

I give MacGillivary a 5 out of 5 and I highly recommend them.

Jennifer Doucette 5 star
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October 2026

I’d definitely recommend MacGillivray law to anyone who may need help when it comes to accidents or anything else you may need them for. If I ever had anything happen again they will definitely be the first ppl I call . My case worker did her job exceptionally well and made sure I understood every step of the way . She put my mind at ease and did a amazing job for me as well to help get what I deserved . So I say this business is number one in my books and I will be recommending them to anyone who needs help in the law field

Keith Dykens 5 star
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October 2026

After my car accident, I was completely overwhelmed and dealing with a level of stress I wouldn’t wish on anyone. Finding the right legal support made all the difference. From our very first conversation, the team handled my case with incredible professionalism, efficiency, and empathy. They took care of everything behind the scenes while keeping me informed and supported every step of the way. Knowing they had everything handled allowed me to focus on my recovery. I am so happy with the outcome and would wholeheartedly recommend them to anyone needing personal injury representation. Thank you for everything!

H Colquhoun 5 star
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October 2026

I am extremely happy with the service I received as a client at MacGillivray Law. At no time did I feel that my concerns and feelings were not heard. The team put in 110% effort in my case. I would strongly recommend the team at MacGillivray Law Office to represent anyone who has been in an accident. A special thank you to Emma and Kaitlyne for your hard work. Your professional efforts allowed me to maintain a healthy positive attitude throughout the lengthy legal process. All the best in the future!!

Deborah Brown 5 star
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September 2026

I highly recommend MacGillivray Injury & Insurance Law. Throughout the entire process, they were very supportive, informative, and thorough. I always felt well-informed and knew that my case was being handled with care and professionalism. I’m very grateful for their support and guidance. My lawyer Chris and paralegal Tanya were always very responsive and took the time to explain each step of the process. Very grateful for all of their help!

Jody Roddick 5 star
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September 2026

One of the things I appreciated most was how they took the time to explain everything in a way I could actually understand. I have no background or expertise in law, so the legal terminology and process could have been overwhelming, but they consistently simplified things for me and made sure I understood what was happening.

I always felt that my questions and concerns were taken seriously, and I never felt like I was being rushed or left wondering what was going on. Their professionalism, patience and genuine compassion made a difficult situation much easier to navigate. I’m very appreciative of everything they did for me and would absolutely recommend them to anyone who needs legal help following an accident.

Michael 5 star
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August 2026

I had a great experience with MacGillivray Law. The whole process was so organized and efficient by the team. Petronella kept me updated at every step and everything was clear and easy to understand. You truly feel in great hands, and they take care and determination in their work that clearly shows. I recommend MacGillivray Law to anyone feeling lost and unsure of what to do after an accident.

Emily M. 5 star
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August 2026

I had an excellent experience with the team at McGillivray Law. They were genuinely concerned about my well being, responsive, patient, and helped me understand every step of the process. The entire process was made so much easier and uncomplicated thanks to their expertise and professionalism. I would highly recommend them to others.

Stephen Squires 5 star
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June 2026

I initiated a claim for Long Term Disability Benefits with MacGillivray Law around April of 2024 after my benefits had been discontinued in January of the same year. I initiated contact through MacGillivray Law’s website and received a call the very next morning. After the initial intake phone call, I was left feeling reassured. I felt very supported and heard during the information gathering portion, as well as through discovery and resulting mediation in November of 2025. I am very thankful to my lawyer, who was very kind and empathetic, and helped me through that part of my disability journey.

Elise Campbell 5 star
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