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Hurt on Someone Else’s Property in Ontario? What You Need to Know About Duty of Care

Slip and fall injury victims and others injured on another’s property often wonder who is responsible for their accident and injuries. The Occupiers’ Liability Act of Ontario outlines who is liable in slip and falls – and other accidents – that occur on someone else’s property.

The Occupiers’ Liability Act and associated laws outline a property owner’s duty of care. The most important aspect of the act states: An occupier (such as a business or property owner) owes those entering the property a duty to see that they are kept reasonably safe while on premises.

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If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we'll discuss your options and possible outcomes.

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When and how does the duty of care come into play?

The duty of care applies whether the hazard is caused by the condition of the property (such as an ice-covered walkway or broken step) or an activity that occurs on the property (such as event that could be dangerous).

A property owner may be relieved of some degree of duty if a visitor knowingly participates in a risky activity while on premises. However, the owner still has the responsibility to keep the property free of hazards.

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Putting the Duty of Care into Action

How does the duty of care impact a property owner’s actions?

Below are a few examples of how an owner/occupier could fulfill his or her duty of care:

  • posting sufficient signs to warn of hazards, such as “Slippery Floor” signs on a freshly mopped or waxed surface, or “Step Down” on a sloping surface;
  • repairing or remedying dangerous property conditions, such as a leaky roof, broken stairs and cracked walkways;
  • removing snow and ice from accessible walkways, sidewalks and parking lots;
  • installing safety features such as high-traction flooring, outdoor and indoor lighting, non-slip rugs, security cameras, smoke alarms, sprinkler systems, and stairway railings;
  • hiring qualified builders and contractors to update, build and maintain safe premises;
  • routinely inspecting property for new hazards;
  • training staff on proper protocol for maintaining a safe property; and
  • responding to known hazards in a timely fashion and prohibiting public access to unsafe areas.

Failure to adhere to the above guidelines may constitute a breach of the duty of care. This, in turn, would signify liability in the event of an accident or injury on premises. A lawyer can help prove negligence in an accident claim by providing evidence of the breach of duty. Evidence might include photographs of hazards, property maintenance records and witness testimony.

Special Considerations of the Duty of Care for Property Owners

Additional contracts and regulations may impact an owner’s duty. A lawyer may best explain these aspects of the Occupiers’ Liability Act on a case-by-case basis.

Have you been seriously injured in a slip and fall or similar accident on someone else’s property in Ontario? Schedule a free case evaluation with an injury lawyer at Preszler Injury Lawyers – call 1-800-JUSTICE® or complete our online case evaluation form.

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151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
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2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
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105 Consumers Drive
Whitby, ON
L1N 1C4
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Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
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2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
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1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
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Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
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10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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