Homeowner Liability: Why You Should be Shovelling This Winter - Diamond and Diamond Lawyers
  • Thursday, 04 December 2014

Homeowner Liability: Why You Should be Shovelling 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.

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