Landlords may be liable for injuries in rental properties

By Paul Russell, LegalMatters Staff • The rental market is booming in Ontario, with post-secondary students and others cramming into everything from high-rise units to basement apartments. No matter the situation, landlords have a legal duty to keep those premises safe and free of hazards, says Ontario personal injury lawyer Joshua Goldberg.

“If you are injured due to unsafe conditions in your rental unit, you may be entitled to compensation,” says Goldberg, principal of Joshua Goldberg Law.

In Ontario, the Occupiers’ Liability Act sets out the responsibility of the “occupier” to maintain premises and ensure that the property is reasonably safe for tenants.

“The landlord is the ‘occupier’ and it is their responsibility to keep the rental property safe for tenants and to people who visit,” he explains.

In addition, the Ontario Residential Tenancies Act states that a landlord has the primary duty to maintain the premises in a “good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.”

“If you suffer an injury in a rental unit, you must show that was the result of something the landlord did or failed to do to keep the property hazard-free,” Goldberg says. “If you can do that, your chances of being awarded compensation will increase.”

He tells LegalMattersCanada.ca that claims launched against landlords for unsafe maintenance may involve:

• poor lighting, especially in stairwells or in entrances;
• hazardous stairways, such as those with missing handrails or broken steps;
• uneven surfaces and tripping hazards in hallways and the rental units;
• unsafe balconies due to the lack of proper railings; and
• slippery floors caused by water seepage.

“Just because you suffered an injury in a residential unit is usually not enough to win a settlement,” Goldberg says. “You must be able to show that the landlord failed to take steps to make the building safe for tenants and that this inaction led to your injuries.”

Two-year time limit

He says the general rule in Ontario is that you have two years from the date of injury to bring a slip-and-fall claim.

“If you try to launch a legal action outside that two-year window, you may be out of luck, unless you can show that you were not aware of the extent of your injuries for a significant time after the incident occurred,” Goldberg says.

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He explains that the Limitations Act states that “a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.”

Section 5(a) of the Act defines the discovery date as the day on which the person with the claim first knew:

• that the injury, loss or damage had occurred;
• that the injury, loss or damage was caused by or contributed to by an act or omission;
• that the act or omission was that of the person against whom the claim is made; and
• that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it.

“The two-year time limit may not apply, or may be extended if you were physically or mentally unable to commence a lawsuit within the two-year period,” says Goldberg.

He adds that another exception that came into force in January 2021 is a 60-day deadline to give written notice to your landlord if you were injured due to snow or ice.

“If your landlord failed to sand or salt exterior surfaces at the rental property in a reasonable amount of time and you slipped and fell because of that, you only have a short time to launch a claim,” says Goldberg.

Document any injuries

With any accident, he says it is important to document the injuries sustained and the hazardous conditions that created the situation.

“If you slip and fall in a rental unit due to broken stairs or some other maintenance issue, take photographs or video immediately after the incident,” Goldberg says. “And if someone else saw what happened, keep a record of their names and contact information.”

It will also be helpful to document any email messages or phone calls you made to the landlord concerning maintenance issues in your building, he advises.

“If you can demonstrate that your landlord was aware of the hazard and didn’t take appropriate steps to correct it, that will support your claim for damages,” Goldberg says.

He explains there are various types of damages a person may seek for injuries suffered in a rental property. They include compensation for:

• Medical expenses. The Ontario Health Insurance Plan may not cover the cost of drugs and the treatment you need to recover.
• Missed paycheques. You may be unable to work or only be able to handle a reduced workload.
• Emotional distress. A physical injury can adversely affect your emotional and mental health, which in turn will diminish your enjoyment of life and your ability to interact with others.

“Thanks to high demand, landlords in most Ontario municipalities are having no problem renting out their units,” Goldberg says. “However that does not give them an excuse to be lax on maintenance.

“If you are injured in a rental unit, contact a personal injury lawyer,” he adds. “Tenants have a right to live in a safe environment.”