When it comes to cottage safety, there is no off-season

Many of us are familiar with a cottage owner’s duty to take reasonable steps to ensure all of their guests safety courtesy of the Occupier’s Liability Act[1].

Cottage Season Hazards

There is no shortage of write-ups online about the hazards that can present themselves during summer cottage season and the necessary safety measures owners have had to take to prevent injuries or death. Whether it is boating, jet-skiing, drinking, swimming, diving, or lighting fireworks, a host should always be extra cautious when permitting such activities. As previously stated in other articles and write-ups, it is always best for a cottage owner to review his policy to see what kind of coverage it extends to guests who may suffer an unfortunate accident while on the property. But what has not been explored as much is the off-season. As we are now approaching the end of the summer season, owners are now starting to wind down their cottages. But the off-season also presents its series of challenges. Keep in mind the same provisions of the Occupiers’ Liability Act that apply during the summer also apply during the winter.

Even in the winter, a cottage owner or host must take reasonable steps to prevent hazardous situations such as warning guests of unsafe conditions, posting warning signs, clearing roads and driveways of snow and ice, clearing and/or marking dangerous steps, and preventing guests from venturing off to dangerous areas such as a lake that has thin ice.

If an owner has maintenance people servicing their cottage and the owner is aware of an unsafe condition, they should certainly take the precaution of warning that person or ensuring signs are posted which alert them to potential hazards. Basically, the onus is on the owner or host to take precautions for hazards that are reasonably foreseeable.

Occupier Exceptions

There are some exceptions to an occupier being held liable, however.

• If an individual knowingly assumes a risk he or she is aware of and enters the property and injures him or herself then the occupier will not be found liable as long as that occupier did not intentionally create a condition to harm that individual or intentionally make the property dangerous.

• If someone uses a recreational property such as a closed golf course, or ski resort without payment then the occupier will generally not be found liable.

• If someone trespasses on the property, the owner will not be liable.

• Similarly, if someone enters the property with the intention of committing a criminal activity then the occupier will not be found liable.

• If an independent contractor’s negligence on the property resulted in his or her own injury and the owner had the reasonable expectations that the contractor was competent and would complete the work properly in a professional manner, then the owner will generally not be liable.

With respect to snow removal/road maintenance and any injuries and liability issues that arise from this, it is always best to check any agreements made with neighbours to see if there is a joint responsibility that covers this area. Also check with your municipality to see if and how it factors into this responsibility.

Finally, if someone covered under your policy gets injured during the off-season, it is always best to check to see if you have seasonal coverage or year-round coverage. Always take the necessary precautions that will keep users of your cottage safe. A cottage owner’s job is never done!