Homeowner Liability: Why You Should be Shovelling This Winter - Diamond and Diamond Lawyers

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.

Leave a Reply


Get the help you deserve


Call NOW for a free consultation


Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 103, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More


168 Bayfield Street


1331 Macleod Trail SE, Suite 645


2713 14 St SW


600 Crowfoot Crescent NW #240


4246 97 Street NW, Unit 103


256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200


50 Richmond Street E, Unit # 108 B


955 Green Valley Crescent, Unit 315


31 Larch Street, Unit 300


1104 – 13737 96 Ave, Surrey, BC V3V 0C6


255 Consumers Road, 5th Floor


1678 Bloor Street, Suite 302


1727 West Broadway, Suite 400


13158 Tecumseh Rd. E. Unit 3B