Slip And Fall Accidents | Occupiers’ Liability

Andrea Papadatos

Slip And Fall Accidents | Occupiers’ Liability

February 18, 2014

In this Q & A, Toronto personal injury lawyer Andrea Papadatos takes a look at the rules around slip and fall accidents, and answers questions about homeowner liability.

1. Am I responsible for clearing my sidewalk and driveway of snow and ice?

If a person has possession or control of a property, the Occupier’s Liability Act imposes a duty to take reasonable care to see that persons entering on the premises are reasonably safe while on those premises. This duty covers sidewalks and driveways on the property. It does not extend to municipal sidewalks, unless the owner/occupier of the adjacent property has assumed control over the sidewalk or in some manner is responsible for a condition that results in an injury.

For instance, let’s say a landowner or occupier of a property causes water to drain from their property onto a municipal sidewalk, which then freezes into ice. It could then be argued that under the common law, the owner/occupier has liability for a slip and fall injury which occurs on that municipal sidewalk.Note that the existence of a municipal bylaw requiring an owner/occupier to clear the municipal sidewalk does not by itself impose civil liability on the owner/occupier.

2. What if I’m away on vacation when it snows, and someone slips on my property?

If the owner/occupier is on vacation, it would be prudent to hire someone to inspect and clear the property of ice and snow. An occupier is not responsible for the negligence of a contractor who is hired to clear ice and snow, provided reasonable steps have been taken to satisfy themselves that the contractor was competent and would carry out the work properly.

3. What happens if someone slips and falls on my property? Can I get sued?You can be sued if someone slips and falls on your property. Whether they are successful will depend on whether you have satisfied the duty imposed by the Act.

4. How long after a slip and fall does someone have to make a claim?

The injured person has two years from the date of the fall to bring an action for damages.

5. Does homeowner insurance cover slip and fall claims?

If the owner/occupier of the premises has homeowner’s insurance, that insurance will respond to a slip or trip and fall claim.

The foregoing is a simplistic overview of the laws relating to slip/trip and falls on private property. Should you be involved in a slip and fall incident, whether as a homeowner or a victim, be sure to consult a personal injury lawyer right away to learn about your rights.

Andrea Papadatos is a personal injury lawyer with Equity Law Firm LLP. He has been fighting for accident victims’ rights since 1972.

Share This Post

Tort claim? What it means and why it’s your gateway to personal injury justice

When to Create a Will

A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.

Immigration

Angela Barrientos

The Canadian Start-Up Visa program

Since its introduction in 2013, the program has been a huge success in assisting Canada in luring and keeping outstanding entrepreneurs who can contribute to the expansion and prosperity of the country’s economy.

Corporate and Personal Law

Angela Barrientos

A Look into The Canadian Competition Act in 2023

In 2022 the Government of Canada passed new amendments that expanded the Scope of the Competition Act. In this article, we look back on some of the changes that took place.

Corporate and Personal Law

Angela Barrientos

What Are Mergers And Acquisitions?

The term “mergers and acquisitions,” also known as M&A, refers to the merging of businesses or their essential business assets via business-to-business monetary operations.

Wills And Estates

Angela Barrientos

Why Is It Important To Have A Will?

A will is a written statement that represents you after death. It specifies how you intend on allocating your assets and property.

Events

Equity Law Firm LLP

The Canadian Mortgage Summit

Equity Law Firm LLP is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Equity Law Firm LLP attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Location

Office Location

401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598

Office Location

401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598