Property Owners Beware: Fall is coming and so are the leaves!

As the fall season approaches, it is important to keep in mind the potential hazards that come along with the large accumulation of leaves that build up on the ground. Much like ice and snow in the winter, leaves can also pose a threat to pedestrians’ safety and this is something homeowners and business owners should very much be cognizant of as the season begins. It is commonplace in Ontario to see piles and piles of leaves seemingly everywhere as the weather begins to cool. The question is, what onus is on a property owner to clean up those leaves so that no slip and fall accidents occur with passers-by?

Occupiers Liability Act

Under the Occupiers Liability Act, an occupier (i.e. a property owner or individual responsible for the property) must exercise a reasonable duty of care that ensures that pedestrians entering onto the premises are kept reasonably safe. The court will decide what is considered “reasonable” on a case-by-case basis but factors that are taken into consideration include the feasibility of taking precautions, the severity of the harm that could occur and if there was a system in place to ensure the hazards were cleared on a regular basis. For example, if you are a homeowner and it has become evident that fallen leaves are building up significantly on your property, you should retain the services of a leaf removal company or gardening company that provides this service on a regular basis. This could be a daily basis or weekly basis. The same can apply to business owners as well. However, more sophisticated owner occupiers such as building owners may have their own in-house maintenance staff that can perform regular inspections at regular intervals throughout the day. A schedule that outlines when maintenance staff cleaned an area at certain designated times that is signed by the staff on an hourly basis can always provide a strong defence in tort cases.  

Martin v. AGO

The recent case of Martin v. AGO reiterates what the court’s position on the onus of an owner/occupier and how to determine how liability it will be: 

The liability exposure of an occupier regarding a slip and fall in a public place requires an analysis of whether the occupier had instituted reasonable policies and procedures for the inspection and maintenance of the premises and whether those policies and procedures were followed.

If you are a property owner, the most responsible thing you can do is to be vigilant with the accumulation of fallen leaves and ensure they are cleared on a regular basis. Get those leaf bags out, start filling them and be safe!

The lawyers at Singer Kwinter specialize in personal injury claims and can assist with these types of claims.  Contact us today!