Occupiers’ Liability

Occupiers’ liability outlines the responsibilities of property owners and occupiers to ensure the safety of individuals on their premises. Knowing these legal principles is important for both property owners and visitors. This legal framework covers various aspects, including the duty of care under the Occupiers’ Liability Act, RSO 1990, c O.2, the ability to sue for injuries sustained on someone else’s property, the rights of trespassers, premises liability law, and the implications of contractor injuries.

If you find yourself injured on someone else’s property, navigating the legal challenges can be overwhelming. At Oatley Vigmond, our experienced personal injury lawyers are here to help. Consistently ranked as one of Ontario’s top law firms, we specialize in occupiers’ liability cases, ensuring you receive the compensation you deserve. Our team will handle every aspect of your case, allowing you to focus on your recovery.

“At Oatley Vigmond, our focus is to make sure every client gets the justice they deserve. Understanding occupiers’ liability law can be complex; our team’s dedication to thorough investigation and strategic litigation allows us to effectively represent clients who have been wrongfully injured on someone else’s premises. We focus on compassionate support while aggressively seeking optimal results,”  said Adam Little, partner.

What Is the Occupiers’ Liability Act?

The Occupiers’ Liability Act establishes the legal framework for the duty of care that property occupiers owe to visitors. According to section 1 of the Occupiers’ Liability Act, an occupier is defined as anyone who has physical possession of premises or control over their condition, activities conducted there, and the individuals allowed entry​​. Section 3 of the Occupiers’ Liability Act imposes a duty on occupiers to take reasonable steps to ensure that all persons entering their premises are safe from foreseeable harm.

The duty of care encompasses various properties, including private homes, commercial establishments, and public spaces. Occupiers must maintain safe conditions by regularly inspecting their property, repairing hazards, and providing adequate warnings where necessary​. Failure to meet these responsibilities can result in legal liability for any injuries that occur.

Can You Sue Someone in Canada for Getting Hurt on Their Property?

Absolutely. If you get hurt on another person’s property, you may sue under the Occupiers’ Liability Act. If a property owner or occupier fails to maintain a safe environment and this leads to injuries, then an individual injured through such negligence may commence a lawsuit to seek compensation through legal channels.

Can Trespassers Sue for Injury in Canada?

Trespassers typically have limited rights when compared with lawful visitors; however, the Occupiers’ Liability Act still places some duties upon property owners. Specifically, section 4 of the Occupiers’ Liability Act states that occupiers cannot create hazards with the intent to cause harm and must not act with reckless disregard toward anyone’s presence. This means that even though an occupier’s standard of care may be lower towards a trespasser, an occupier could still be held liable if they intentionally or recklessly caused them harm.

What Is Premises Liability Law in Ontario?

Ontario Premises Liability Law is governed primarily by the Occupiers’ Liability Act and requires occupiers of property to ensure their visitors’ safety by taking reasonable steps against potential hazards such as slippery floors, uneven walkways or inadequate lighting. Occupiers should regularly inspect and maintain their properties to detect and avoid potential dangers.

The law covers an expansive spectrum of properties and scenarios, from residential homes and public areas to commercial establishments and public facilities. Occupiers of such spaces must post warning signs as necessary, restrict access to potentially dangerous areas, and address known hazards.

What Happens if a Contractor Gets Hurt on My Property in Ontario?

If a contractor gets injured on your Ontario property, the situation can become complicated quickly. According to the Occupiers’ Liability Act, property owners owe contractors a duty of care; however, contractors also assume some risks through the nature of their work. In these instances, two key considerations include whether sufficient steps were taken by both parties involved to ensure safety and whether any reasonable steps were taken by the property owner and contractor in terms of taking reasonable precautions on both ends before accepting and acknowledging risks inherent within their work.

Real-World Example of Occupiers’ Liability Case Studies

Occupiers’ liability cases often emphasize the necessity of maintaining safe premises. Here is an occupiers’ liability case study which illustrates these important principles by showing their severe consequences when this duty is breached:

$5.4 Million Settlement Awarded Due to Child’s Injuries

Incident Details: A four-year-old boy was visiting a dollar store when he tripped and fell into one of their displays due to an improperly designed spike that penetrated his skull and caused severe injury.

Injuries and Consequences: Due to his injuries, doctors had no option but to surgically extract a section of the child’s brain. As a result, permanent impairments affected his behaviour, memory, mood, and ability to reason. He will require lifelong supervision for his safety as well as that of others around him.

Legal Outcome: Oatley Vigmond settled shortly before trial for over $5,400,000. This settlement was intended 1) to replace the income the boy would have earned if he had never been injured, and 2) to pay for the treatment providers and caregivers he will need for the rest of his life.

Analysis: This case illustrates occupiers’ liability when the store failed to ensure the safety of its premises, leading to severe injury and breaching their duty of care by creating an unsafe condition with improperly designed and installed spikes that caused lifelong impact and costly ongoing care for its injured customers. A substantial settlement reflected both these costs as well as any lifelong impacts from the injuries sustained from these breaches of duty of care by the store.

Property owners and occupiers have an obligation to ensure their facilities are safe for visitors, particularly children who may not recognize potential dangers. Regular inspections with prompt rectification can prevent such tragic incidents. 

Understanding your rights and responsibilities under the Occupiers’ Liability Act is paramount to protecting yourself or loved ones in the event of negligence by others. Oatley Vigmond can assist you. With our dedicated team of personal injury lawyers having achieved significant settlements and judgments for clients in past cases, we can help you get the justice you deserve.