Spots For A Sip And Fall Incident On Public Or Private Property
Humans have been tripping over various objects for centuries. Consequently, a slip and fall incident could happen on a section of public or private property. In either case, the person has assumed control of the premises must fulfill the duty to care for those that enter the same premises.
Canada’s Occupier’s Liability Act
That lays out the duty of those that have taken control of a given area of land, or a given section of a building. That Act does not give an exemption to anyone that owns or controls a property in the name of the Crown. By the same token, it does not exempt anyone that owns or controls a given property in the name of a lesser government body.
In one respect, the Occupier’s Liability Act showcases one big difference between the United States and Canada. In the U.S., government bodies tend to resist any effort to hold them accountable for a given accident. Yet that resistance becomes rather weak and ineffective, if it rises to the level of negligence.
The sections of Canada where the rules stated in the Occupier’s Liability Act do not apply
Those are the sections of Canada covered by a public road. How then, does a court assign liability for a slip and fall incident that takes place on a public road? The court has a list of the facts; it checks those facts against the answers to specific questions.
The sort of questions asked by authorities in the court:
Was the incident foreseeable? If so, had the owner carried-out the proper steps, in order to reduce the chances that the foreseeable incident could take place in the near future. Had a list of standards been issued to the property’s owner. Had those standards been adhered to? Owners that chose to ignore such standards could be held liable for an injury that resulted from a slip and fall incident.
Had arrangements been made for scheduled inspections? Had inspectors been hired? Properties that do not get inspected could develop some type of defect or hazard.
If there is a hazard on a public road, how long has it been there? Had someone already reported the existence of that particular hazard? A “yes” answer to those 2 questions would suggest that whoever controlled that hazard-filled road could be held liable for any injury that resulted from the same hazard.
If that hazard happened to be an especially slippery spot, then it could be the location for a slip and fall incident. In other words, the government body controlling that road could be held liable for any injury resulting from that highly foreseeable slip and fall incident.
Likewise, the Injury Lawyer in Kelowna knows that the owner of a private residence could be held accountable for the development of any hazard in the area over which he/she had oversight. No doubt, the court would see it as the owner’s duty to arrange for regular inspections. The identification of hazards represents a readiness to deliver the expected duty of care towards visitors.