What You Need to Know About Liability with Snow and Ice

keeping people safe in the winter isn't just piece of mind, it's a municipal by-law in the lower mainland.

12/18/20252 min read

a person holding a stack of books in their hands
man in blue suit jacket preparing to talk about liability with snow
man in blue suit jacket preparing to talk about liability with snow

Understanding the BC Occupiers Liability Act

In British Columbia, the Occupiers Liability Act governs the responsibilities of property owners regarding the safety of their premises. This legislation mandates that occupiers must take reasonable care to ensure that their properties are safe for visitors and tenants. During winter months, particularly in areas that experience heavy snowfall and ice accumulation, this duty of care becomes increasingly critical. Property owners and management are required to implement effective measures to manage snow and ice to minimize risks of accidents and injuries.

The Importance of Removing Snow and Ice

Neglecting to remove snow and ice can lead to numerous hazards that affect both property and individuals. Here are the top five reasons why snow and ice must be promptly addressed on commercial and strata properties:

1. Preventing Injuries

The primary concern associated with snow and ice accumulation is the potential for slip-and-fall accidents. When visitors, employees, or residents encounter slippery conditions, the risk of injury rises significantly. By prioritizing the removal of snow and ice, property owners can effectively reduce the likelihood of accidents and the subsequent liability claims that may arise.

2. Compliance with Legal Obligations

Under the BC Occupiers Liability Act, failure to remove hazardous snow and ice can be viewed as a breach of the duty of care owed to visitors. This non-compliance can have serious legal ramifications, including lawsuits and fines. By actively managing snow and ice conditions, property owners demonstrate their commitment to safety and better protect themselves against potential legal issues.

3. Enhanced Accessibility

Another crucial reason for snow and ice removal is the need for accessible properties. Sidewalks, parking lots, and entrances must be clear of obstacles to ensure that everyone, including individuals with disabilities, can navigate the premises without undue hardship. Maintaining accessibility not only fulfills legal obligations but also fosters a welcoming environment for all.

4. Preserving Property Value

Allowing snow and ice to accumulate can cause long-term damage to surfaces such as pavement, walkways, and landscaping. The presence of ice can lead to cracking and erosion, which requires costly repairs over time. Regular maintenance, such as snow removal, can help preserve the integrity of the property and maintain its value, ultimately benefiting both owners and tenants.

5. Maintaining Good Reputation

A commercial or strata property that is well-maintained reflects positively on its owners and management. When snow and ice are promptly cleared, it sends a message to customers, tenants, and visitors that safety is a priority. This proactive approach enhances the reputation of the property, potentially leading to greater tenant retention, customer satisfaction, and overall business success.

In summary, understanding the implications of the BC Occupiers Liability Act is vital for property owners, especially during snowy seasons. Taking heed of the importance of snow and ice removal ensures compliance with legal standards, reduces injury risks, maintains accessibility, protects property value, and preserves reputation. Effective snow removal is not just a seasonal chore; it is a crucial aspect of responsible property management.