If a hiker gets lost and inadvertently wanders into a landowner's property, is the hiker considered trespassing?

Not necessarily. A hiker who inadvertently ends up on private property without encountering trespass warning signs or boundary fences cannot be legally accused of trespassing. The reason being, tort/common law, assumes the absence of trespass signs or a boundary defining fence is synonymous to acceptable entry onto the property. However, this tort law applies to daylight hours. On the other hand, if the hiker had encountered a fence or sign prohibiting entry, he/she may be legally charged for trespassing onto private property. The argument that he/she was lost before winding up on private land would be effectively nullified in this scenario.

What is the Ontario Occupiers’ Liability Act?

The Ontario Occupiers' liability act stipulates that a person officially occupying a building, piece of land, a trailer, ship/water-faring vessel, and various other structures is charged with ensuring the safety of anyone visiting the occupied property. Furthermore, the occupier is charged with ensuring any personal items brought by visitors don't get damaged while on the occupied property. An occupier is absolved of the duty of care towards a visitor if he/she can prove the presence of criminal or malicious intent, such as theft of valuable items, harassment/intimidation of the occupier, destruction of fixtures, misuse of amenities, etc.

What does "duty of care" mean?

Duty of care refers to the implied responsibility that a person has towards ensuring another individual's safety and well-being. For example:- ● A parent has a duty of care toward a child. ● A staff member has a duty of care towards a customer. ● A teacher has a duty of care toward a student. ● A police officer has a duty of care towards a commoner. ● A doctor has a duty of care towards a patient, and so forth. Any act by one person that adversely affects another's well-being/safety is punishable by law as an act of negligence or criminal intent.

Tag archives: Landowners responsibilities

What Responsibility Does A Landowner Have For Injuries To Hikers and Campers?

Jeremy Diamond
Categories: Media
Tags: AskIsaacZisckind, Diamond and Diamond, Injury, Landowners responsibilities, Personal Injury
July 14, 2019

#AskIsaacZisckind The lakes, mountains and abundance of trials throughout Ontario offer hikers and campers unlimited opportunities to enjoy outdoor activities this summer. You can reduce the risk of being injured by taking a few precautions that begin by packing the proper gear and clothing. When accidents and injuries do occur, the owner of the land on which you were hiking or camping might be responsible under the Ontario Occupiers’ Liability Act. Preparation is essential to remain safe during outdoor activities Pack enough food, water and other supplies to last at least for the length of time you anticipate being gone. ... Read more