A significant number of personal injury claims are those referred to as “slip and falls,” in which someone has been injured on someone else’s premises. In Nova Scotia, these cases are governed by the Occupier’s Liability Act[1].
Under the Act, an occupier is someone either in possession of a premises, or whom is responsible for and has control over the premises (both control over the conditions and over whom is permitted on/in the premises). Notably, there may be more than one occupier of a premises. Further, a premise encompasses water, ships, vessels, land, structures (except for portable structures and equipment), trailers, other portable structures, railway cars, vehicles, and aircrafts (except while in operation).
The Occupiers’ Liability Act provides that there are certain specified duties of an occupier, namely that the occupier must take care, as is reasonable to the circumstances, to ensure people on the premises are reasonably safe while on the property.
[1] Occupiers’ Liability Act, RSNS 1996, c.27.