Legal Brief for December, 2009

Keep Your Sidewalks Clear!

It is often humourously noted of Edmonton that we have two seasons here, being 9 months of winter and 3 months of bad ice.   While this may be a bit exaggerated, it is true to say that this area does get its fair share of snow and ice.   When we have the occasional warming trend, the result can be a dangerous mixture of icy sidewalks and parking lots.   Suppose that someone slips and falls as they are walking up the walkway to your house and suffers a serious injury.   Are you liable to compensate them for their injuries?  The answer is "yes, you may be liable", as a result of a law known as the Occupiers' Liability Act.

The Act provides that anyone who is an "occupier" of property (which can include the owner or a tenant who has control of the property) owes what is known as a "duty of care" to anyone who lawfully comes on to the property (known in legal terms as a "visitor") to ensure that the property is in a safe enough condition that the visitor will be safe.   If your front sidewalk has been covered in ice for a week, and you have taken no steps to clear it or put some sand or salt on it, and then someone slips and falls, you will have "breached" your duty of care, and you may be liable to the person who has fallen.   In reality of course, the party who will be liable will be your home insurance company, assuming you have been prudent enough to ensure that you have home insurance, and that your policy covers this type of peril.   (Note to self - check my policy to see that I'm covered!)

The visitor to the property also has a duty to ensure that they take reasonable care when they are on the property.   If for example they see that the walkway is covered in ice, but they decide just the same to walk across it, knowing full well the dangers that will involve, then it can be argued that they failed to take reasonable care for their own safety.   However, if we vary that situation slightly, and the incident happens at night, and the person could not see the ice, and there was no warning sign posted, then there may well still be liability on the part of the homeowner.

So when the cold weather hits this winter, and the snow starts to accumulate, be sure to keep your shovel close at hand, along with a supply of ice melter or traction material to be put down when ice appears.   Not to do so creates a danger to your visitors, and the risk of a significant legal claim against yourself.