Property owners and tenants are legally bound to keep their properties safe for visitors. When accidents occur on private property due to unsafe conditions, individuals who are injured can seek compensation. The recent case of Lyng v Ontario Place Corporation showcases how this area of the law works.
Under the Occupier’s Liability Act, property owners have a duty to take reasonable care to ensure the safety of visitors on their property. However, if a visitor willingly takes risks the responsibility of a property owner for the injuries a visitor sustains is lessened.
In Lyng v Ontario Place Corporation, a young concertgoer sought compensation for injuries sustained after attending a Toby Keith concert at Ontario Place. Upon exiting the concert venue, he and a friend encountered a closed bridge with two guards present. Normally they would have crossed this bridge to return home but instead due to the closure they went down a slippery hill beside the bridge and the young concert goer who was slightly intoxicated and wearing flip-flops attempted to jump down part of the hill and tore his ACL.
The judge in this case found that Ontario Place was at fault for not properly ensuring the safety of the concertgoers. Without appropriate signage or assistance, the two guards were unable to effectively manage the large crowd leaving the concert. As a result of this, it was predictable that people might descend the slippery hill and injure themselves in the process.
The judge placed 75 percent of the responsibility for this accident on Ontario Place and 25 percent of the responsibility on the concertgoer. As a result of this, the concertgoer was awarded approximately $130,000 for his pain and suffering, loss of income, and loss of competitive advantage.
Lyng v Ontario Place Corporation highlights the legal duty of property owners to maintain safety for visitors. Injuries such as the one in this case can have a major impact on your life. If you have been injured in a slip and fall or another similar accident, Beckett may be able to help.
