As a property occupier, you have legal responsibilities to ensure that your cottage is safe for all guests, visitors, and even unexpected drop-ins. Thess duties apply whether you are the owner or a renter.
Legal Duties: The Occupiers’ Liability Act
In Ontario, the Occupiers’ Liability Act sets out the responsibilities of anyone who has control over a premises, this includes owners, renters, property managers, and caretakers. The law imposes a duty of care to ensure the safety of individuals who come onto your property.
“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises… are reasonably safe while on the premises.” – Occupiers’ Liability Act, s.3(1)
This duty applies broadly and includes:
- Friends and family visiting for the weekend
- Short-term rental guests (e.g., Airbnb, Vrbo)
- Contractors, landscapers, or delivery personnel
- Even trespassers in some cases
If a person is injured due to hazardous conditions and you haven’t taken reasonable steps to prevent harm, you may face legal liability.
Common Cottage Risks
While cottages are designed for relaxation, they often come with inherent risks, especially when they are older, seasonally maintained, or located in rugged terrain. Common hazards include:
- Slippery docks, algae-covered rocks, and unstable ladders
- Damaged or loose stairs, missing handrails, or rotting decks
- Poor lighting around pathways and entryways
- Fire pits or BBQs placed too close to combustible structures
- Trip hazards like cords, hoses, or uneven flagstones
- Watercraft accidents and lack of safety gear
- Alcohol-related incidents or impaired operation of equipment
These issues can result in serious injuries, and costly liability claims, if not properly addressed.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com