A stair tread gave way in your apartment building. A shelf of stock fell on you in a store. Your child was hurt at a neighbour’s pool. You were assaulted in a parking garage with broken lights and no security. None of these is a slip and fall, but all of them may be claims under the same law.
The basic duty
Ontario’s Occupiers’ Liability Act requires anyone who occupies a property to take reasonable care to make sure people on it are reasonably safe. The duty covers the condition of the property, activities carried on there, and in some cases the conduct of third parties on it.
The standard is reasonable care, not perfection. An occupier is not responsible for every injury. The question is whether they took the steps a reasonable occupier would have taken in the circumstances.
Who is the occupier?
More than one person can be an occupier of the same property. An occupier is anyone with physical possession or with responsibility for and control over the property’s condition, activities or who is allowed in. Depending on the facts, that can include:
- the owner
- a tenant, including a commercial tenant running a store or restaurant
- a landlord who has kept responsibility for repairs or common areas
- a property manager or condominium corporation
- a contractor in control of a work site
- a snow removal or maintenance contractor
Identifying all of them early matters, because the contracts between them often decide who ultimately pays, and because each can have a separate insurer.
Common claims beyond slips and falls
- Stairs, railings and balconies that are broken, loose or built without proper handrails
- Falling objects from shelves, displays, ceilings or signs
- Swimming pools without fencing, depth markings or supervision where it was expected
- Poor lighting and security in parking garages, apartment buildings and bars, where an assault or other harm was foreseeable
- Hazards in rental units that the landlord knew about and did not fix
- Recreational premises such as gyms, trampoline parks and playgrounds
Visitors who accepted a risk
The Act reduces the duty in some situations. Where a person willingly assumed the risks of being on the property, the occupier only has to avoid deliberately harming them or acting with reckless disregard. The same reduced duty applies to trespassers and to some recreational trails and rural land. Signs and waivers can matter, but they do not automatically excuse an occupier, particularly for hazards that were not obvious.
What you need to prove
You must show that the hazard existed, that the occupier knew or should have known about it, and that reasonable steps would have prevented the injury. Evidence usually includes photographs, maintenance and inspection records, prior complaints, incident reports, witness names and any video.
Stores and buildings often keep video for a short time only. Ask for it to be preserved in writing as soon as you can.
Deadlines and notice
The general limitation period is two years. Shorter notice periods apply in some cases, including a 60-day written notice for injuries caused by snow and ice on private property, and a 10-day notice for claims against a municipality about a road or sidewalk. Our post on slip and fall notice requirements explains those rules, and our post on who is liable in a slip and fall covers liability in falls.
How we can help
At Kabir & Alam, we identify every occupier and insurer responsible for a property, secure records and video early, and pursue compensation for injuries on unsafe premises. Read more about our occupiers’ liability practice or book a consultation with us.
This post is general information about Ontario personal injury law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.