In Ontario, pursuant to the Occupiers Liability Act, every owner or occupier premises must take reasonable steps to ensure the safety of persons entering and using their property. An occupier is a person who has control over the premises. An occupier does not need to be an owner of the premises or have an interest in the land upon which the premises are located. In addition, an occupier does not need to have absolute or paramount control over the premises to be held liable. It is possible for an occupier to be held liable if they share control with others. Whenever a person has sufficient degree of control over premises such that this person ought to realize that any failure on their part care for the property may result in injury to another person, they can be held to be an occupier and held liable. In other words, the determinating factor in assessing who is an occupier is in “control” not “ownership”. The greater degree of control an occupier has over the premises the greater degree is their ability to exercise care towards others. It therefore follows that the greater the control – the greater the duty of as “occupier” will be imposed upon such persons.
There is a general common-law duty of occupiers and owners to take reasonable care to ensure that persons entering their property are reasonably safe at all times. The common-law duty owed to others as occupiers and owners has been codified in a statute called the Occupiers Liability Act. In essence, this statute imposes an obligation on occupiers and owners to take such care as in all the circumstances of the case is reasonable to ensure that persons will be reasonably safe while on the premises.
If you or someone you care about it been injured in a slip and fall accident or trip and fall accident, contact one of our personal injury lawyers for free consultation. Our lawyers work on a no fee until you win basis. Contact us at 613-315-4878.
Marc Nicholas Quinn
Ottawa personal injury lawyer, Ottawa car accident lawyer, Ottawa slip and fall lawyer, Ottawa trip and fall lawyer, author and mediator