This type of negligence law applies when someone hurts themselves on another person’s property. The Occupiers Liability Act stipulates that someone with responsibility over a property, such as an owner or manager, is required to take steps to ensure anyone visiting the property is safe from harm. This standard of care doesn’t apply to those who are trespassing. In some cases, such as on public roads, governments are also exempt from this policy.
The requirement is that the person responsible for the property keep visitors “reasonably safe.” It’s not an absolute requirement, and the person responsible for the property will not automatically be found responsible for every injury suffered by a visitor.
In assessing whether there was negligence, the court typically looks for three things:
1) the nature of the undertaking
2) its inherent risks
3) the appreciation of those risks by the visitor
What this means is that while a person may be right in expecting to be reasonably safe walking from the sidewalk to the front door of someone’s home, the same expectations might not hold up if someone injures themselves while doing an inherently dangerous activity, such as participating in white-water rafting.
The courts would look at what caused the injury. For example, if someone was walking up to your front door, was there black ice on the steps that contributed to a slip and fall? Or in the river rafting example, if someone suffers a head injury, was a helmet provided to them as part of a step to ensure the safety of guests?
If you have been injured while you were a guest on another party’s property, we may be able to help. 604-370-3051.