Left Navigation Slip Trip and Fall (Occupiers Liability) Regularly inspect and maintain your premises to keep them safe and free from hazards. If you fail to provide a reasonable standard of care to keep your premises hazard-free, you may be held liable for a slip, trip or fall. Who is Liable?Even if you rent or lease a premise, it is your responsibility to ensure that the premises within your control are reasonably safe. When there is more than one occupier – such as when there is both a landlord and tenant working in the same space, or when an organization rents its playing field to a sports group – liability may be shared. In the event of a slip, trip or fall, who is liable will depend on the circumstances.In the case of shared spaces or multiple occupiers, such as a landlord and tenants, ensure that the lease agreement clearly states the responsibilities of each party. The agreement should identify:the areas each party is responsible forwhich party is responsible for inspection, maintenance, repairs, etc.the liabilities of each party. Common HazardsThe best way to avoid liability is to prevent losses from occurring by diligently keeping your premises free from hazards. This diligence, combined with thorough and consistent documentation, is an effective way to defend your organization in the event of a claim or lawsuit. As an occupier, your organization is required to keep areas – such as aisles, stairs, ramps, walkways, driveways and parking lots – reasonably safe for the people who use them. Common hazardous conditions include:Ice and snow that has not been clearedUnexpected elevation changesUneven surfaces due to cracks, gaps or potholesSlippery surfaces, such as wet floors or tile flooringMissing or loose handrails on stairsDebris on walkways, such as boxes in aislesInadequate lighting. Determining Appropriate CareCriteria to determine whether an appropriate standard of care was applied include:Whether the danger was foreseeableWhether the occupier’s conduct was in accordance with acceptable standards of practiceWhether there was an adequate system of inspection in place (considering the risks involved) and whether it was carried outWhether the danger was allowed to exist for an unreasonable length of timeThe ease with which the danger could have been prevented.Learn about best practices in risk management to mitigate risks related to slips, trips and falls. Source: Compiled with Canadian Risk Intervention Inc. Commercial Insurance for Small Business - Q&AQuestion to ask your insurance representative. Related ServicesSlip Trip and Fall (Occupiers Liability) - Risk ManagementRegularly inspect and maintain all buildings and premises. A written, consistently documented and strictly enforced inspection and maintenance policy is essential to managing risk. Slip Trip and Fall (Occupiers Liability) - Claims ManagementHow an organization handles an accident or incident can have a significant impact on the ultimate cost of a claim. Useful LinksSample: Slip Trip and Fall Incident ReportDocumenting the incident may help to establish a defense for a claim presented at a later date, help analyze the cause of the incident and help recommend risk management improvements to prevent similar incidents in the future. Sample: Inspection Form Help keep track of your maintenance by keeping an ongoing record of inspections. Include the location, time, condition, action taken and the initials of who inspected the premises Sample: Inspection and Maintenance Policy Ensure a safe, clean and hazard-free environment for customers and employees through a process of regular inspection and maintenance of all buildings and premises.