The Duty of Care in Occupiers’ Liability Act Of 1990

The Occupiers’ Liability Act has been consolidated back in the 1990 on the 31^st of September. It is an incredibly important piece of the Canadian legislation as it governs one of the most common causes for personal injury lawsuits – the slip & fall accident. It has full effect over the province of Ontario and therefore over the city of Kingston. It’s important to understand the provisions set forth in the act, should you desire to lead a successful case of getting compensation for your damages in such an accident.

The duty of care is the single most important thing when it comes to the responsibility of the occupier. As per article 3, paragraph 1 of the Act, the occupier owes such care to ensure that all people which are entering the premises are safe within reasonable extends. This means that he has to take the necessary precautions to ensure the safety of the people which are entering or are currently in and also to those who are leaving the premises. This might seem rather overextended and this is why the pursuant sections provide certain limitations and exclusions.

Right in the next article – 4, paragraph 1, the Act governs that there are certain risks which are considered to be willingly assumed. The most common example for this in the event of a slip & fall accident is when it’s obvious that the surface is slippery, yet the person decides to go ahead and walk through it anyways. This is a common case in trading facilities such as shops and malls, where the surface is generally polished. If this is the case, the duty of care is not going to apply in the certain situation and the occupier won’t be held liable.

The second exclusion is set forth in the next paragraph of the same article 4. It sets forth regulations which provide that if a person is on the premise with the clear intent of committing or is actually committing a criminal act the owner can’t be held liable if he endures any injuries caused by the premise. The legislative organ correctly stipulates that the person has willingly assumed all the risks and therefore the aforementioned duty of care won’t be applicable. The solution is incredibly fair.

There are also other provisions which limit the duty of care. These are such which do not strictly exclude responsibility on behalf of the occupier but they rather limit it to a certain extend. It is incredibly important to make sure that the judges take these in consideration because these are means to defend your client in an otherwise incredibly hard legal battle. Knowing about your legal rights and what the law says is essential when you are seeking compensation.