Homeowner Liability: Why You Should be Shoveling This Winter

Winter can be a huge headache for homeowners. Isaac Zisckind provides some helpful tips to keep safe this holiday season.

There is nothing more irritating than getting up early on a workday to salt and clear overnight snow when you have a handful of other responsibilities. However, homeowner responsibilities under the Occupiers Liability Act are quite substantial.

If an individual suffers a personal injury, such as a slip and fall, due to a homeowner’s failure to attend to their icy or snowy walkway, they can be at risk of a lawsuit.

It is important to note that the term “occupier” also extends to tenants of a property since they technically occupy it (for those of you renting, you are also responsible for taking care of the premise). In a lawsuit, it is possible for liability to be shared between a tenant and a landlord. The person or persons who are held liable will depend on the circumstances around the loss.

Under the act the occupiers must try to maintain “reasonable care” of the property which includes things such as providing adequate lighting, clearing debris and attending to uneven surfaces.

During the winter months the act also mentions hazardous conditions such as:

  1. ice and snow that hasn’t been cleared;
  2. slippery surfaces.

Occupier’s exposure under these claims can be substantial so it is crucial that they work diligently to keep their property free from any hazards. In addition, tenants should document the steps they have taken to prevent injuries.

Finally, it is essential that you contact your insurance provider regarding what is covered under your policy.

If your policy limits cannot cover the damages that are awarded you can be personally liability, this extends to your hard earned assets.
If you have been injured from a slip and fall accident, contact our team at 1-800-567-HURT for a free consultation.

Jeremy Diamond

Jeremy Diamond was called to the Bar in 2008 and practices in the areas of Plaintiff personal injury litigation in Toronto.In addition, Jeremy was called to the State Bar of Florida in 2002. Since then, he has practiced as a personal injury attorney in both Florida and in Ontario.Prior to being called, Jeremy obtained his Bachelor of Arts Degree from York University in 1995 with a special interest in psychology. Thereafter, in 2001 he received his Juris Doctoris at the Thomas M. Cooley Law School and also attended Osgoode Hall Law School.Jeremy has been working for the firm in different capacities since 1996 and is well versed in all areas of personal injury law. He has significant experience in helping clients with claims for motor vehicle accidents, occupiers liability matters, and representation of insured persons in first party accident benefit claims.

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