Occupier Of Premises Obligations | Howard Yegendorf & Associates

Summary

The video discusses the obligations of occupiers of premises in Ontario during winter, as defined by the Occupiers' Liability Act. It emphasizes the need for reasonable care to ensure safety for all individuals entering the property, including uninvited guests. Practical examples illustrate that while occupiers aren’t expected to take extreme actions during adverse weather, they must act sensibly to mitigate hazards. The definition of an occupier includes homeowners, renters, and landlords, who all share the responsibility for maintaining safe conditions to prevent accidents, highlighting the importance of proper maintenance and insurance coverage.

Takeaways

• 😀 Occupiers have a duty to ensure the safety of all individuals on their premises, as outlined in the Occupiers' Liability Act of Ontario.
• 🏠 The standard of care expected is 'reasonable,' meaning occupiers must act in a way that a reasonable person would under similar circumstances.
• 🌧️ During winter, if icy conditions occur, occupiers are expected to take action to mitigate hazards, such as salting walkways.
• 🕒 It is unreasonable to expect occupiers to address safety issues in the middle of the night; actions should be taken during the day when conditions are noticed.
• 📦 The obligation to ensure safety applies not just to invited guests but also to uninvited individuals, such as delivery personnel.
• 👥 An 'occupier' can be a homeowner, renter, landlord, or business owner who has control over the property.
• ⚖️ Landlords may also be considered occupiers depending on the level of control they maintain over the rented premises.
• ❄️ Businesses must keep their entrances clear of ice and snow to prevent accidents, as seen in a case involving a restaurant.
• 💔 Failure to maintain safe premises can result in severe injuries and legal liability for the occupier.
• 🔒 It's crucial for occupiers to be adequately insured against potential accidents that may occur on their property.

Q & A

What are the obligations of an occupier during wintertime?

Occupiers must take reasonable care to ensure that their premises are safe for visitors, particularly in response to winter conditions like ice and snow.

What does 'reasonable care' mean in the context of the Occupiers Liability Act?

'Reasonable care' refers to the actions that a typical, prudent person would take under similar circumstances to ensure safety on their property.

Are occupiers expected to clear ice and snow immediately after it falls?

No, occupiers are not expected to clear ice and snow immediately, such as during a freezing rain event at night, but they are expected to address hazards once they are aware of them.

Who qualifies as an occupier under the law?

An occupier can be anyone who has control over a premises, including homeowners, landlords, and business owners.

Do occupiers have a duty to ensure safety for uninvited guests?

Yes, occupiers are responsible for maintaining a safe environment for all individuals on their property, including uninvited guests like delivery personnel.

What are the consequences of failing to meet these obligations?

If an occupier fails to ensure safety and someone is injured as a result, they may be held legally liable for damages.

Can you provide an example of a situation where an occupier failed to meet their duty of care?

An example is a case where a woman fell down the stairs in a restaurant because ice and snow were tracked in, and the restaurant did not adequately remove these hazards.

What steps should an occupier take after noticing hazardous conditions?

Occupiers should promptly address the hazardous conditions, such as salting walkways and driveways to prevent slips and falls.

What additional protection should occupiers consider?

Occupiers should ensure they have sufficient insurance coverage to protect against potential accidents and liabilities.

How does the law assess what is 'reasonable' for occupiers?

The law often uses the standard of what a reasonable person would do in similar circumstances to determine the appropriateness of an occupier's actions.