A Summary of Key Principles:
- The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe.
- The fact that a slip and fall occurs does not create a presumption of negligence. The onus is upon the plaintiff to establish that the occupier fell below the standard of care. The plaintiff must identify some act or failure to act on the defendant’s part.
- Occupiers are not guarantors of the safety of those on their premises. The burden on an occupier is not an onerous one, and is tempered with an air of reality.
- The existence of slippery conditions does not necessarily establish a breach of the standard of care. The reasonableness of the defendant’s efforts is not judged by the results, but by the extent of the efforts themselves.
- While a detailed log of winter maintenance activities is advantageous for defending slip and fall claims, the existence of a proper regime can be established by other means, including the defendant’s witnesses.
- Plaintiffs face an uphill battle when they cannot identify the reason for their fall.