Whether you are visiting a friend’s home, shopping at a local business, walking through a municipal park, or coming and going from your own apartment building, you are entitled to reasonably safe conditions while on the property. Unfortunately, property-related injuries related to dangerous surroundings are more common than many people expect. What is more unsettling is that many incidents are not true accidents, but rather a result of a property owner’s failure to maintain acceptable conditions. If someone is injured on another person’s or organization’s property in BC, the Occupiers Liability Act determines who can be held responsible and under what circumstances.
What is the Occupiers Liability Act?
The Occupiers Liability Act establishes the legal duty of care property owners must provide to those who enter onto their premises. The term “occupier” extends to anyone who has responsibility for and control over a property, including owners and those who carry a position of authority over the premises, such as a property manager, landlord, or municipal body. Private residences, commercial spaces, and municipal property all fall under this legislation.
Property owners have a legal duty to take reasonable steps to ensure that people on their property are reasonably safe. This duty applies regardless of whether someone was formally invited or simply permitted to be there, such as a tenant accessing common areas of their building or a customer browsing a store. In situations where someone is trespassing, property owners do not owe the same standard of care; property owners simply must refrain from causing intentional harm and acting with reckless disregard.
Additionally, property owners are not expected to be perfect; it’s not reasonable to demand that property owners immediately find and correct every possible hazard at any given time. The Occupiers Liability Act, rather, states that property owners need to be mindful of potential risks and take timely, meaningful action to locate and address conditions that could cause harm.
What Does the Law Consider “Reasonable Steps”?
There isn’t a fixed checklist that property owners can review and follow under the Occupiers Liability Act to ensure compliance. When dangerous premises cases arise, courts assess what was reasonable based on the specific facts of the case.
When an injured person files a claim, courts weigh several factors:
- How obvious or foreseeable the hazard was to both the property owner and the person who was injured.
- How long the hazard was present before the incident occurred.
- Whether the property owner knew about the risk or reasonably should have.
- What another property owner in comparable circumstances would have done.
- If applicable, courts review waivers and consider whether they are valid.
Property owners should be proactive rather than reactive; a property owner who only responds to a known hazard after an injury has already occurred will have difficulty demonstrating they met the standard. In practical terms, reasonable steps might include:
- Conducting routine property inspections.
- Addressing maintenance issues and known hazards promptly.
- Posting clear warnings where a risk is ongoing or cannot be fixed immediately.
- Ensuring adequate lighting in areas where poor visibility could contribute to a fall or injury.
- Responding to seasonal and weather-related hazards, such as clearing ice from walkways or placing mats at entrances during wet weather.
- Keeping safety equipment and fixtures such as handrails, ramps, and guardrails in good working order.
- Following through on reported hazards.
Reasonable steps will look different depending on the property and the circumstances. A business open to the general public is held to a higher degree of care than a private residence. Properties regularly used by vulnerable populations, such as children or elderly visitors, carry additional expectations
What Happens If Property Owners Fail to Provide Reasonable Care?
When a property owner was aware of a hazard and failed to act, or reasonably should have been aware of it through proper maintenance and inspection practices, they have likely not satisfied the reasonable steps standard under the Occupiers Liability Act. If someone is injured as a result of that failure, the property owner may be found liable.
To succeed in a claim, the injured party needs to establish four things:
- The hazard existed.
- The property owner knew about it or should have known about it.
- Reasonable steps were not taken to address it.
- The hazard directly caused the injury and resulting damages.
Property owners who are found to have some fault will often argue that the injured person bears a share of the responsibility as well, for instance, by claiming the person was not paying attention or disregarded a posted warning. BC courts can apportion liability between parties where contributory negligence applies, meaning the compensation awarded to the injured person may be reduced in proportion to their share of fault.
There are also strict time limits to keep in mind. Under BC’s Limitation Act, an injured person generally has two years from the date of the injury to pursue a claim. Where the occupier is a municipality, written notice must also be given within 60 days of the accident. Missing these windows can mean losing the right to seek compensation entirely, which is why it is important to seek legal advice as soon as possible after an injury occurs.
How Stephens & Holman Can Help
If you were injured on someone else’s property, don’t hesitate to reach out for legal assistance. Even if you’re unsure if your claim is valid, a lawyer can help make that determination. Stephens & Holman can review the circumstances of your injury and help you understand whether you have grounds for compensation under the Occupiers Liability Act. If you do, our experienced dangerous premises lawyers can assist with gathering evidence from the scene, identifying witnesses, and building a case on your behalf. Contact one of our offices today to schedule a consultation.