When someone slips on ice in a BC parking lot or strata walkway, the claim rarely stops with the property owner. Snow removal contractors are often drawn in too. Understanding the basic ideas behind occupiers liability helps you write better contracts, keep better records and respond properly if a claim arrives.
This page explains the general concepts. It does not interpret specific sections of BC law or court decisions.
General information only, not legal advice. Occupiers liability depends on the facts of each case. If you receive a claim or a lawyer's letter, speak with a BC lawyer and notify your insurer promptly.
What Occupiers Liability Means
Occupiers liability is the legal duty of whoever controls a property to take reasonable care that people on it are reasonably safe. In BC, the main statute is the Occupiers Liability Act. The word "occupier" is a legal term, and who counts as an occupier in a given case is a legal question that depends on the facts.
For snow and ice, the question in a claim is usually whether the people responsible for the property took reasonable steps given the weather, the use of the site and what they knew or should have known.
The exact wording of the Act, and how BC courts have applied it to snow contractors, should be reviewed with a lawyer. We have not summarized specific sections or cases here.
Why Contractors Face Claims Too
A property owner or strata corporation may hire you to handle snow and ice. When someone is hurt, the injured person's lawyer will usually look at everyone who had a role in the condition of the site. That can include:
- The owner or strata corporation
- The property manager
- The snow removal contractor
- A subcontractor who actually did the work
A contractor can be named because of its own work, because of what its contract promised, or both. Even a claim that is later dismissed has to be answered, which takes time and money. This is why snow contractors often discuss slip and fall coverage under a general liability policy with a broker, including the completed operations part of the policy for claims that come after you have left the site.
Time Limits: The 2 Year Basic Limitation Period
BC's Limitation Act came into force on June 1, 2013. The BC government describes it as setting "a single two-year basic limitation period for all civil claims," with a 15 year ultimate limitation period.
In practical terms, a slip and fall claim can arrive long after the storm, when crews have forgotten the details. Records you make on the day are often the only reliable evidence you have. When the clock starts, and whether any other notice rules apply, depends on the facts, so ask a lawyer.
Do not assume Ontario's rules apply in BC. Ontario has its own snow and ice notice requirement, explained in the Ontario 60 day notice rule, but BC law is different.
Documentation: Your Best Defence
When a claim comes months later, the questions are simple: when were you there, what did you do, and what were the conditions? Good records answer them.
- Dated service logs with arrival and departure times for every visit
- Weather records for the site and time
- Photos before and after service, with time stamps
- Material logs showing where and how much salt or sand you applied
- GPS or dispatch data from trucks and crews
- Notes of hazards you reported to the owner, such as drainage problems or refreezing spots
See site logs and documentation and download the snow log template.
Contract Terms That Shape Your Exposure
Your contract often decides who is responsible for what before any court does. Terms to read carefully include:
- Scope of work. Exactly which areas you clear, and which you do not, such as public sidewalks or roofs.
- Service level or trigger depth. When you are expected to show up and what the site should look like afterwards.
- Indemnity or hold harmless clauses. A hold harmless agreement or indemnity clause can require one party to respond to certain legal liabilities of the other.
- Additional insured requirements. Many owners ask to be added as an additional insured on your policy.
- Incident reporting. How quickly you must tell the owner about an incident or a complaint.
A broad indemnity clause can promise more than your policy covers. Have your broker review the insurance terms and a lawyer review the legal terms. See snow removal contracts and insurance and strata snow removal contracts in BC.
If a Claim Arrives
- Notify your broker and insurer promptly. Late reporting can create problems under your policy.
- Preserve every record for the date and site.
- Leave questions of fault to your insurer and lawyer rather than discussing them with the injured person.
- Speak with a lawyer about anything beyond routine reporting.
For more, read our slip and fall claims guide.
Sources
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Frequently Asked Questions
Can a snow removal contractor be sued for a slip and fall in BC?
Yes, contractors are often named alongside property owners and managers in snow and ice claims. Whether a contractor is found responsible depends on the facts and the contract, so speak with a lawyer.
How long does someone have to bring a slip and fall claim in BC?
BC's Limitation Act sets a two year basic limitation period for civil claims, with a 15 year ultimate period. When the period starts depends on the facts, so ask a lawyer.
Does Ontario's 60 day notice rule apply in BC?
No. Ontario's rule is part of Ontario's Occupiers' Liability Act. BC has its own laws, so get BC legal advice.
What records help defend a snow and ice claim?
Dated service logs, weather records, time stamped photos, salt and sand logs and GPS or dispatch data. See site logs and documentation.
Related Pages
- Snow plow insurance in BC
- Slip and fall liability coverage
- Site logs and documentation
- Occupiers liability (glossary)
- Strata snow removal contracts in BC