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17 LawNow 9 (1992-1993)
Watch Your Step: Occupier's Liability in Alberta

handle is hein.journals/lanow17 and id is 215 raw text is: Occupier's liability i in Alberta W atch your step! WAYNE M. SCHAFER In this day and age of publicized law- suits relating to injuries suffered by visitors to events and activities, own- ers and occupiers of premises are often concerned with regard to their obligations, responsibilities, and possible legal expo- sure. Likewise, individuals injured on premises other than their own are increas- ingly concerned about their rights and potential recovery of compensation for damages from the owner/occupier of such prenuses. The Occupier's Liability Act In Alberta, the Occupier's Liabilign Act, R.S.A. 1980, says that the owner or occupier (which may be more than one person) of property owes a duty to all visi'- tors to ensure that they will be reasonably safe in using the premises for the purpose(s) for which they were invited, or permitted, to be there. Therefore, under the Act, an owner/ occupier has a duty to take as much care as, in the circumstances, is reasonable to ensure that persons will be reasonably safe in using the premises. The owner/occupi- er's duty of care, or obligation, applies in relation to the condition of the premises, the activities carried out on the premises, and the conduct of individuals on the premises. There is, however, no duty owed by an owner/occupier for risks willingly accepted by the visitor. In Alberta, the duty owed is to per- sons having a right to be on the premises. An occupier does not owe a duty of care to a trespasser. An exception to this rule occurs when the injuries to a trespasser result from the owner/occupier's reckless or wilful conduct. A second exception occurs when the occupier knows, or has reason to know, that a child trespasser is, or will be, on the property and that the premises are potentially dangerous for a child. Liability to child trespassers With regard to a child trespasser, the courts have held that an occupier owes a duty to a child to take such care as in the circumstances of the case is reasonable to see that the child will be reasonably safe from a known danger. In determining whether the duty of care has been met, the court will consider the age of the child, the ability of the child to appreciate the danger, and the burden on the occupier of eliminating the danger, or protecting the child from the danger, compared to the risk to the child. By way of illustration is an example from Manitoba where a contractor set fire to some rubbish on land on which he was building a house. Before leaving the work site, he spread out the embers and satis- fied himself that the fire was out. Shortly after the contractor had left, two young boys came onto the land and approached the re-ignited fire. As the boys ap- proached, a spark landed on one of the young boys igniting his clothing and caus- ing some burns. The court held that despite the plain- tiff's young age, he was still a trespasser who went on the contractor's land with- out permission and at his own risk. As the contractor was not aware of any potential problem with the work site when he left it and as he was not aware, nor could he foresee, that the young boy would be com- ing to the work site, the contractor was not negligent. What are premises? Being aware of one's duty as an owner/occupier raises a question about what is considered as premises. The courts have defined premises to include not only buildings and property, but also such things as staging; scaffolding (and simi- lar structures erected on land) poles; stand- ards; pylons and wires used for the May 1993 Law Now 9

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