Ontario Personal Injury Lawyers
Call 1-888-404-5167
Preszler Injury Lawyers

What are Occupiers’ Liability Claims?

An occupiers’ liability claim in Ontario most typically 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.

Talk With Our Legal Team

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.

Regardless of where you're located in Ontario – we may be able to help you. Don't delay - call us. Our lines are open 24/7.

The Occupiers’ Liability Act: The Framework for a Claim

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
  • 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.

Call 1-888-608-2111 for available options or Book a Consultation

Common Hazards that May Lead to an Accident and Injury Claim

Provincial law requires owners and occupiers to maintain reasonably safe properties on features like:

  • Stair
  • Private parking lots
  • Sidewalks/walkways
  • Ramps
  • Driveways
  • Aisles

Among the many hazards that can arise on a property, some are more likely to cause an accident, such as a slip/trip and fall. Common hazards include:

  • Accumulated ice and snow
  • Uneven surfaces (such as a crack in a walkway or a pothole in a parking lot)
  • Poor lighting (making it difficult for guests to spot potential trip/slip hazards)
  • Slip hazards (such as an improperly mopped or waxed floor, spilled liquids that have not been cleaned)
  • Tripping hazards (such as loose debris in a walkway)
  • Sudden, unmarked changes in elevation (such as a step down)
  • Stairways with broken steps and/or missing handrails
  • Inadequate safety measures (such as a failure to install gripping material to a slippery tile floor)

An occupier is legally obligated to take reasonable measures to discover and remedy such hazards. At the very least, occupiers are required to warn the public of any danger, such as with the use of a “Caution – Wet Floor” sign. However, the use of such warnings may not absolve a property owner of his or her liability in the event of an injury.

Who is liable in an occupiers’ liability claim?

An occupiers’ liability claim may be brought against any number of parties, including:

  • A landlord
  • Store owner
  • Hotel owner/property manager
  • Restaurant owner
  • Private homeowner

A thorough claim should include all liable parties. Compensation may include pain and suffering, medical bills, lost wages and more. Discuss liability as well as recoverable damages specific to your case with a lawyer at Preszler Injury Lawyers. Call 1-800-JUSTICE® or set up your consultation via our online contact form.

related videos


Can I File An Injury Claim Without Insurance?

Communicating With Injury Clients

Does Insurance Really Watch People After They File Injury Claims?

How Our Lawyers Can Help With Your Injury Claim

How to File a Sports Injury Claim

Importance of Experience When Choosing An Injury Lawyer

Personal Injury Lawyers

Personal Injury Settlement Restrictions

Potential Impact of Social Media on a Personal Injury Claim

Pre-Existing Injuries and Their Impact on An Injury Settlement

Protecting Yourself From a Swimming Pool Accident

Safety Tips For Sending Your Child to Summer Camp

Seeking Help For Your Personal Injury

Steps to Take to Help My Injury Case

The Role of a Doctor in An Injury Claim

What is a Tort Claim?

What makes Preszler Law different?

What To Look For When Hiring a Personal Injury Lawyer

Your Legal Rights During a Personal Injury Claim
Call us now at

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
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
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
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
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
Fax: 1-855-364-7027
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
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.