How is liability for a slip and fall determined in Prince Edward Island?
The Occupiers’ Liability Act determines liability for slip and fall accidents. The Act states that an “occupier” owes a duty to take reasonable care to ensure that people on the premises are reasonably safe.
The Act defines an occupier as someone who either:
- has physical possession of the property; or
- is responsible for and has control over the property’s condition, the activities carried out on it, and the people on it.
If a tenant occupies the premises, and the landlord is responsible for the maintenance or repair of the premises, then it is the landlord’s duty to ensure the property is reasonably safe when maintaining the property. In other words, the Act can consider a landlord an occupier.
The degree of care and attention paid by the occupier in ensuring the premises are reasonably safe is a point of contention in these cases. For an occupier to be liable, the injured party must show that the occupier did not ensure their premises were reasonably safe when they invited guests onto the premises.
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