If somebody slips on ice on the sidewalk in front of your home, do they have the right to sue you (Canada)?

Question

I understand businesses are required by law to salt their sidewalks, but what about the residential issue?

Answer 1

According to the City of Vancouver's Street and Traffic By-Law No. 2849:

"Occupiers of residential property, whether single or multiple family dwellings, are required at common law and under the Occupiers Liability Act to ensure that people coming onto their property will be reasonably safe in doing so, and must therefore attend to driveways, walkways and stairs appropriately. What's reasonable depends on a number of factors, including the usual wintertime weather patterns in the area. If occupiers fail to meet the standard of care, they can be liable to you for damages if you are injured on their property.

"To prove that an occupier is liable to you for your injuries if you slip and fall, you have to establish that the occupier didn't live up to a reasonable standard of care in keeping the path free of snow and ice. An occupier of property doesn't have to keep pedestrian routes totally clear of ice and snow at all times to avoid being sued; they just have to have a regular, reasonable clearing system in place. In the words of one court decision, 'the proper standard does not require the occupier to eliminate every possibility of danger.' "

http://www.personalinjurylawbc.com/slipandfallice.html

Answer 2

Where is the sidewalk? If it is on the home-owner's property, then the occupier of the premises is liable. For example, Ontario's Occupier's Liability Act says:

s.3(1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

Other provinces have similar legislation.

But occupier's liability is bounded by the premises. What about sidewalks on municipal property, when a bylaw requires home owners and tenants to clear a nearby sidewalk?

This issue was answered by the Ontario Court of Appeal in Bongiardina vs. (the City of) Vaughan (2000). (link to case below) The result: in Ontario home owners and tenants are generally not liable, even if there is a bylaw requiring them to clear the municipality's sidewalk. This decision has been followed by courts in other provinces, such as Alberta.

Answer 3

As far as I know the sidewalk belongs to the city and they would sue the city. Here in my city, businesses are not required to salt their own sidewalks, so I guess that this law varies from city to city. A call to your local by-law office may get the answers you need about this.

Answer 4

Yes I believe they can. Where I live, I am responsible for keeping my sidewalk clear of snow and ice and if it is not clear within the first 24 hrs after a heavy snowfall, I can be fined. Everyone is responsible for keeping the main sidewalk in front of their own houses clear, not the city. So if someone did fall, I would imagine they could sue you.

Answer 5

Depends it is a municipal by law. In Toronto you are required to clear the snow within 24 hours, from you walk. You can be sued if somebody has an accident outside of that time frame.

Only major roads will have their sidewalks cleared by the city.

Answer 6

well, the sidewalk is pretty much public property and belongs to the city but as it is on your land the city will do whatever it takes to make sure they don't lose a dime. so just salt your sidewalks cause you could get sued if someone gets hurt and whines about it.

Answer 7

relies upon entirely on the regulations of the jurisdiction. some jurisdictions carry to the guideline that no accountability is owed to trespassers. Others carry to the thought which you have a accountability to therapy generally happening damaging aspects, and can be held responsible for any harm for this reason of a breach of that accountability notwithstanding if that's a trespasser (the assumption being that if a trespasser might properly be injured, so can an invited concentrated visitor).

Answer 8

im not sure about canada, but in america you can sue someone for almost anything "seriously" some retards make a career out of it

Answer 9

In this world, you can sue anybody for anything, im sure theyll pin something on you

Answer 10

You can sue someone for whatever you want to, that doesn't mean you are going to win.