Toronto Tenants Unite!: Re: Salting: who's responsibility?

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Re: Salting: who's responsibility?

Posted by KMILBURN on 12/29/2008, 1:01 pm, in reply to "Salting: who's responsibility?"

I can not give you legal advice on contract law, but in my opinion your landlord is responsible for maintenance of the property and it's my opinion that he's the one who will be sued if someone slips and falls on his property.

The lease you signed stated that you should "shovel" the back porch and sidewalk, which you are doing. So you are fulfilling your obligation.

I would assume that at some point if the steps are not salted, and or ice free then Canada Post would refuse to deliver mail, which will mean that you have to go to the nearest Post Office to pick it up. This will become an inconvenience for you landlord too I would assume if he's getting mail delivered to that address. Would he then magically appear with a bag of salt?

There are lawyers who specialize in slip and fall cases and who accept payment on contingency, so it's not an expensive proposition to hire a specialist to prosecute this type of case as they are paid a portion of whatever they manage to recover for the client. If I was a land owner I would be very careful to limit any possible exposure to a law suit and keep the property safe for everybody including my tenants.

The Super in my building had a small stroke last year one Friday night. It was the one time last winter that he didn't salt the walkway. A tenant slipped on the ice walkway and fell down. She hired a slip and fall specialist and sued. She got $12,000 for her fall - not a bruise of broken bone in her body! I'm not sure how much the lawyer cost her, but she had $12K more in her pocket than before the fall...

I'd say its a case of landlords beware!

--Previous Message--
:
:
: When I moved into my apartment, I was made
: to sign a lease that I would shovel the
: porch and the sidewalk. (It is a 3
: level/unit apartment and I am the main
: floor)
: I signed it.
: Now it is winter, and I've been shoveling
: the walk way and front porch and my back
: steps etc. (the shovel was provided) I asked
: my landlord if she would cover salt since
: the backyard and my front steps were
: dangerously slippery. (Canada Post actually
: left a note complaining)
: My landlord replied "Salt is not
: included in the rent."
: Is that ridiculous? Am I expected to
: purchase the salt as well that is covering 3
: units common walk areas?
:

Message Thread:

Salting: who's responsibility? - MJgirl 12/19/2008, 11:14 pm
- Re: Salting: who's responsibility? - Pat S. 1/1/2009, 7:11 pm
- Re: Salting: who's responsibility? - KMILBURN 12/29/2008, 1:40 pm
- Re: Salting: who's responsibility? - KMILBURN 12/29/2008, 1:01 pm
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--Previous Message-- : I can not give you legal advice on contract : law, but in my opinion your landlord is : responsible for maintenance of the property : and it's my opinion that he's the one who : will be sued if someone slips and falls on : his property. : : The lease you signed stated that you should : "shovel" the back porch and : sidewalk, which you are doing. So you are : fulfilling your obligation. : : I would assume that at some point if the : steps are not salted, and or ice free then : Canada Post would refuse to deliver mail, : which will mean that you have to go to the : nearest Post Office to pick it up. This will : become an inconvenience for you landlord too : I would assume if he's getting mail : delivered to that address. Would he then : magically appear with a bag of salt? : : There are lawyers who specialize in slip and : fall cases and who accept payment on : contingency, so it's not an expensive : proposition to hire a specialist to : prosecute this type of case as they are paid : a portion of whatever they manage to recover : for the client. If I was a land owner I : would be very careful to limit any possible : exposure to a law suit and keep the property : safe for everybody including my tenants. : : The Super in my building had a small stroke : last year one Friday night. It was the one : time last winter that he didn't salt the : walkway. A tenant slipped on the ice walkway : and fell down. She hired a slip and fall : specialist and sued. She got $12,000 for her : fall - not a bruise of broken bone in her : body! I'm not sure how much the lawyer cost : her, but she had $12K more in her pocket : than before the fall... : : I'd say its a case of landlords beware! : : : --Previous Message-- : : : When I moved into my apartment, I was made : to sign a lease that I would shovel the : porch and the sidewalk. (It is a 3 : level/unit apartment and I am the main : floor) : I signed it. : Now it is winter, and I've been shoveling : the walk way and front porch and my back : steps etc. (the shovel was provided) I asked : my landlord if she would cover salt since : the backyard and my front steps were : dangerously slippery. (Canada Post actually : left a note complaining) : My landlord replied "Salt is not : included in the rent." : Is that ridiculous? Am I expected to : purchase the salt as well that is covering 3 : units common walk areas? : : :

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