Occupiers Liability

An occupiers’ liability claim in Ontario is filed against a property owner or occupier who was somehow negligent in preventing injuries on his or her property. Such claims commonly arise from incidents such as a slip-and-fall on icy stairs, or a trip-and-fall on uneven ground or pot hole.

A successful claim may result in compensation that addresses pain and suffering, medical costs and missed income.

The Occupiers’ Liability Act:

Ontario’s Occupiers Liability Act was established in 1990 and serves as the basis of all occupiers’ liability claims in the province.

The Act outlines such crucial aspects as:

• Who may be considered an occupier for the purposes of liability (this would be the defendant in an occupiers’ liability claim);

• The definition of a premises;

• A definition of an occupier’s duty to maintain a reasonably safe premises;

• Exceptions to an occupier’s liability (such as in the case of trespassing or an injury that occurs during the pursuit of a criminal activity);

• How special contracts may or may not affect liability; and,

• A landlord’s obligation as an occupier.

The Act also calls for occupiers to take steps to inform the public of potential dangers in cases where the occupier otherwise enjoys exemptions to the duty of care.

Common Hazards that May Lead to an Accident/Injur Claim:

Accidents of such nature may occur on:

• Stairs

• Private parking lots

• Ramps

• Sidewalks

• Driveways

• Aisles

Common hazards may include:

• Uncleared snow/ice

• Uneven surfaces, cracks in sidewalks

• Poor lighting

• Improperly waxed floors, spilled fluids that have been left uncleaned

• Loose debris in a walkway

• Broken steps on stairways

An occupier is legally obligated to take reasonable measures to discover and fix these hazards. Or, at the very least, they’re required to put a sign/notice, warning the public of such dangers.

Who is liable in an occupiers’ liability claim?

The occupier may be:

• A store owner

• A landlord

• Hotel owner/property manager

• Home owner

• Restaurant owner

• Grocery store manager

If you have been injured and/or disabled as a result of serious slip-and-fall incident, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your personal injury inquiries at 416-907-7364 ext 1 or at [email protected] .