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Is Your Landlord Responsible for Your Safety? Suing for Slip and Falls

To what extent is your landlord responsible for your safety in the case of a slip-and-fall? Oshawa lawyers at Kelly Greenway Bruce have helped countless people who have been seriously injured on a rented property. You may be entitled to compensation if your landlord fails to take reasonable steps to keep the property safe.

Landlord liability for personal injury on rental property

In Ontario, the Occupiers’ Liability Act is the law that sets out the responsibility to maintain premises and ensure that the property is reasonably safe for those who use it. The Occupiers’ Liability Act states that the "occupier" of premises has a legal duty to keep those premises safe and free of hazards. The law confirms that a landlord is an "occupier" who is responsible for the maintenance or repair of rented premises. A landlord’s responsibility to keep rental property safe extends to the tenants who live at the property and to people who visit.

To what extent is your landlord responsible for the condition of the rented property?

There are many circumstances under which you may be entitled to compensation if you are hurt on a rental property. To be entitled to compensation, you must show that the landlord is responsible for your injuries because of something they did or failed to do to keep the property safe and hazard-free. Common claims involve the landlord neglecting to repair damages, failing to warn of a hazard, or failing to inspect or maintain the property, so it is free of dangerous conditions.

Some of the conditions that may give rise to a claim for personal injury damages against a landlord are:

  • Poor lighting (for example, an unlit stairwell or poorly lit entrance)

  • Damaged stairs (missing handrails, broken steps), uneven surfaces and tripping hazards

  • Unsafe balconies or railings

  • Wet, dirty, or slippery floors with no weather mats or anti-slip protection