OCCUPIERS LIABILITY LITIGATION

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The Ontario government created the Occupier’s Liability Act in order to address liability in the case of on-premises injury. The law defines an “occupier” as someone who is in physical possession of a property (i.e. homeowner) or a person who ultimately has responsibility for a property’s safety (i.e. landlord). The Occupier’s Liability Act covers injuries occurring on or in: private properties, public parks, school yards and playgrounds, malls, grocery stores, apartment buildings, private homes, swimming pools and all other properties except for municipal sidewalks and roadways. Under Ontario law, an occupier owes all persons who enter onto a property a “duty of care”. This dictates they must maintain premises in a reasonably safe manner under the circumstances of each case. If they do not comply with the rules they may be likely liable for any injuries sustained on their premises. However, there are also certain nuances that the injured persons must be aware of. The law stipulates that your own actions can also have an impact your ability to hold a property owner liable for your injuries.