That uneven patio stone? The loose front step? The wobbly railing you’ve been meaning to fix?
Once the snow arrives, those little problems can be a lot harder to see. And they may be more than just a maintenance issue.
Under Nova Scotia’s Occupiers’ Liability Act, an “occupier” can include someone who possesses a property or has responsibility and control over its condition. An occupier has a duty to take reasonable care, in all the circumstances, to see that people entering the property are reasonably safe.
For homeowners, that makes fall a good time to look for problems before winter makes them worse.
Your pre-winter checklist
- Walkways and driveways: Are there cracks, uneven surfaces or spots where water collects?
- Steps: Are they solid, even and secure?
- Railings: Are they sturdy and firmly attached?
- Outdoor lighting: Can visitors clearly see entrances, stairs and walkways after dark?
- Drainage: Are downspouts or low spots leaving water on walking surfaces?
- Leaves and clutter: Are walkways clear of wet leaves, branches and other potential hazards?
- Winter supplies: Is your shovel handy, and do you have what you need to deal with slippery surfaces?
When winter weather creates a hazard
Snow isn’t the only concern. Frost, freezing rain and black ice can quickly make steps, driveways and walkways slippery. Water that collects during the day can also freeze as temperatures fall.
The Occupiers’ Liability Act looks at the circumstances when determining whether an occupier met their duty. That includes what the occupier knew or ought to have known, efforts made to warn people about a danger, and whether the risk was one the occupier could reasonably have been expected to protect against.
That does not mean a homeowner is automatically responsible whenever somebody slips or gets hurt on their property. The question is whether reasonable care was taken in the particular circumstances. But if a property hazard contributes to an injury, the condition of the property and the steps taken to address or warn about that hazard can become important.
Taking care of loose steps, poor lighting, uneven walkways and drainage issues before they’re buried under snow can help make your home safer for you, your visitors and anyone else coming to your door this winter.
Have questions after a slip and fall?
You don’t have to figure out what comes next on your own. The personal injury team at MDW Law is here to listen, answer your questions, and explain your options. Reach out today for a complimentary consultation.
This article provides general information about Nova Scotia law and is not legal advice.