{"id":9794,"date":"2021-03-01T05:01:39","date_gmt":"2021-03-01T05:01:39","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=9794"},"modified":"2022-01-05T07:27:31","modified_gmt":"2022-01-05T07:27:31","slug":"occupiers-liability-overview","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/blog\/occupiers-liability-overview\/","title":{"rendered":"Occupiers Liability Overview"},"content":{"rendered":"

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When you’re out shopping or at the movies, you don’t expect any harm to come to you at a place of business. If you\u2019re injured, can the owner be held liable?<\/span><\/p>\n

Everyone has a reasonable expectation not to be injured when visiting someone else\u2019s property. In Ontario, if a property <\/span>owner hasn\u2019t been responsible<\/span><\/a> for keeping others safe, then they can be held liable.<\/span><\/p>\n

When visiting someone\u2019s property, an injury resulting from <\/span>slipping and falling<\/span><\/a> due to unsafe conditions isn\u2019t uncommon. The owner could be liable for the damages arising from this incident. These claims are known as \u201coccupiers’ liability\u201d claims.\u00a0<\/span><\/p>\n

You may wonder: what is \u2018occupiers’ liability\u2019?<\/span><\/p>\n

What is the Occupiers’ Liability Act?<\/b><\/h2>\n

This act enforces a duty of care on the property\u2019s occupier to ensure that all visitors are reasonably safe when visiting their premises. An occupier could be considered someone who has adequate control over the premises<\/a> and could be more than one person.<\/span><\/p>\n

If any accidents result from the property\u2019s unsafe conditions, the act will deal with the liabilities that arise from it.\u00a0<\/span><\/p>\n

The \u2018duty of care\u2019 imposed by the Occupiers’ Liability Act Ontario on the occupier ensures that visitors to the premises are reasonably safe at all times. The occupier should match the standard of care of a \u2018reasonable occupier\u2019 to the common law negligence<\/a> standard of care.<\/span><\/p>\n

What are Property Owners\u2019 Legal Obligations Under the Occupier\u2019s Liability Act?<\/b><\/h2>\n

An occupier can be defined as someone who has a level of control over the premises. They don\u2019t need to reside on the property. The act also doesn\u2019t define the occupier as the legal owner. Since this owner has a degree of control of the property, they could be seen as an occupier.<\/span><\/p>\n

The owner and\/or occupier has a responsibility to safeguard you as a visitor to their premises. These premises can include land, buildings, aircraft, vessels, and vehicles.\u00a0<\/span><\/p>\n

Examples of premises are listed below:<\/span><\/p>\n