North Vancouver, BC
Understanding the Occupiers Liability Act, building a defensible maintenance record, and reducing your exposure to winter injury claims.
Every winter in British Columbia, hundreds of slip-and-fall incidents occur on commercial properties due to snow and ice. For property owners, property managers, and strata corporations, these incidents represent one of the most significant liability exposures of the year. Understanding your legal obligations and how to protect your business is not just smart risk management—it is essential.
This guide explains the legal framework governing slip-and-fall liability in BC, what courts look at when deciding these cases, and the practical steps you can take to protect your property and your business.
In British Columbia, the primary law governing slip-and-fall liability is the Occupiers Liability Act (OLA). Under the OLA, an "occupier" is anyone who has physical possession of premises or has responsibility for, and control over, the condition of the premises. This includes property owners, tenants, property management companies, and strata corporations.
The OLA imposes a duty on occupiers to take "reasonable care" to ensure that persons entering the premises are reasonably safe in doing so. This is not a guarantee of safety—the law does not require that your property be completely free of ice at all times during a snowstorm. However, it does require that you take reasonable steps to address hazardous conditions within a reasonable timeframe.
BC courts have developed a substantial body of case law around what constitutes "reasonable care" in the context of winter maintenance. Key factors that courts examine include:
Many property owners underestimate the financial impact of slip-and-fall claims. Here is what a typical claim can involve:
In BC Supreme Court decisions, judges have consistently held that the cost of a professional snow removal program is modest compared to the potential liability from a single serious injury. This is not an area where cost-cutting is wise.
The single most important thing you can do to protect your business from slip-and-fall liability is to implement a documented, professional winter maintenance program. Here is what that looks like:
Engage a professional commercial snow removal company with experience in your area. The contractor should carry adequate commercial general liability insurance (minimum $5 million is standard for commercial properties) and should have a track record of reliable service. Ensure the contract includes de-icing and salting services, not just snow plowing.
Your contract should specify trigger thresholds (e.g., service dispatched when accumulation reaches 2.5 cm), maximum response times, and the specific areas to be serviced. Ambiguity in service levels creates gaps in your defence.
This is the cornerstone of your liability defence. Your contractor should provide:
In addition to your contractor's documentation, maintain internal records including:
Before winter, walk your property and identify high-risk areas: north-facing walkways that freeze first, areas near downspouts where water pools, slopes and ramps, heavily trafficked entrances, and areas that are shaded for most of the day. These areas should receive priority treatment and may require additional measures such as heated mats, non-slip coatings, or extra salting.
While warning signs alone do not absolve you of liability, they are one element of a comprehensive approach. Use "Caution: Icy Conditions" signage at entrances and in areas known to be hazardous during winter months. Ensure signs are visible and in good condition.
Consider two property managers defending the same type of slip-and-fall claim. Manager A can produce timestamped service logs, before-and-after photographs, weather records, and a written contract showing proactive service levels. Manager B says "we definitely had someone clear the snow, but I'm not sure exactly when." Which defence do you think succeeds?
In our experience, the difference between winning and losing a slip-and-fall claim almost always comes down to documentation.
Commercial general liability (CGL) insurance is your financial backstop, but it is not a substitute for proper maintenance. Insurance considerations for winter liability include:
Retail properties face heightened exposure due to high customer foot traffic. Entrances, accessible parking areas, and pedestrian pathways between stores require constant attention during winter events. Consider that your customers include elderly individuals, people with disabilities, and families with small children—all of whom are at higher risk of serious injury from a fall.
Strata corporations must manage common property including parking garages, walkways between buildings, visitor parking areas, and shared amenity spaces. The strata's obligations under the Strata Property Act add another layer of legal duty beyond the Occupiers Liability Act.
These properties may have fewer visitors but still owe a duty of care to employees, contractors, delivery personnel, and visitors. WorkSafeBC regulations also apply to workplace safety, creating a parallel set of obligations for employers.
Despite your best efforts, incidents can still happen. If someone slips and falls on your property:
NorthShoreSnow provides comprehensive commercial snow and ice management with full documentation, timestamped service records, and proactive monitoring. Let us help you build a defensible winter maintenance program.
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