Under subsection 3(1) of the Occupiers’ Liability Act, RSO 1990, C. O.2. (the “Act”), homeowners owe a duty of care to:
“… take such care as in all the circumstances of the case is reasonable to see that persons entering on their premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”
Simply put, the above legislative excerpt puts an onus on homeowners to ensure that their property is safe for anyone stepping onto their property. Important to note is subsection 3(2) which states that this responsibility on homeowners applies whether the danger is caused by the condition of the premises or by an activity carried on the premises. If you’ve been involved with an accident on your property or someone else’s, such as a slip and fall accident, it’s important to speak with a lawyer right away to understand your rights and build a strong case.
With the winter weather upon us, it is perhaps the most important time in which homeowners should be evaluating whether they are taking all reasonable care to ensure that their property is maintained so that it is safe for anyone coming onto their premises. The frigid cold air and other daily responsibilities make it easy for us to put off doing chores such as shoveling and salting driveways and walkways. However, the importance of such tasks should not go ignored, as homeowners may be liable if someone is injured from a slip and fall due to the homeowner’s failure of attending to ice and snow in time.
In addition to ensuring reasonable care is being taken with respect to winter maintenance of property, homeowners should also review their insurance policies and contact their insurance providers for detailed information as to their insurance coverage. If an award of damages is made that exceeds the policy limits, homeowners may be personally liable to pay.
Also important to note is that the Act extends the term “occupier” to tenants of a property. It is therefore possible in certain circumstances for both landlords and tenants of a property to become liable, should someone sustain slip and fall injuries due to the failure of attending to ice and snow in time.
Here are a few quick tips on some steps that may be taken to minimize exposure to liability:
- Provide adequate outdoor lighting
- Clear all debris from driveways and walkways
- Attend to uneven surfaces if any
- Clear all snow off the driveway and walkways promptly after snowfall
- Salt the entire driveway and walkway in advance of any potential snowfall and after the shoveling of snow
- Hire a snow removal company if you are aware that you will be unable to attend to any potential ice and/or snow in time, such as when on vacation
Following these tips will minimize your liability by keeping your property as safe as possible. For more information, check out our slip and fall section. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.
