In Manitoba, the Occupiers’ Liability Act makes you legally responsible for keeping your commercial property safe. In Winnipeg, you must promptly clear snow and ice from sidewalks and parking lots; failing to do so can result in massive slip-and-fall lawsuits and municipal by-law fines.
Operating a business in Winnipeg means embracing the harsh realities of a long, snowy, and icy winter. Whether you own a busy retail plaza on Pembina Highway or lease a small storefront in Osborne Village, customer safety must always be your top priority. In the world of commercial real estate, a simple patch of black ice can rapidly turn into a severe legal nightmare.
Understanding your legal obligations for commercial property maintenance and snow removal is not just about being a good neighbour; it is a strict requirement under Manitoba law. If a customer, a delivery driver, or even a simple passerby slips and breaks an ankle on your poorly maintained property, you could face devastating financial liability. 📍
This guide explains exactly how the Occupiers’ Liability Act applies to your business, how the City of Winnipeg enforces its maintenance by-laws, and what specific steps you must take to protect your customers and legally defend yourself against personal injury claims.
Step-by-Step Process for Property Compliance in Winnipeg
Protecting your business requires a proactive approach. You cannot simply wait for a snowstorm to hit and hope for the best. You must establish a clear administrative and physical process to maintain the premises safely. 📄
Step 1: Understand the Occupiers’ Liability Act
Under Manitoba’s Occupiers’ Liability Act, anyone who has physical control over a premises (which can be both the landlord and the commercial tenant) owes a strict “duty of care” to people entering the property. You must take reasonable steps to ensure that visitors are safe. This means promptly fixing broken stairs, lighting dark parking lots, and diligently removing dangerous ice buildup.
Step 2: Review Your Commercial Lease Agreement
If you are a tenant, do not blindly assume the landlord is responsible for snow removal. You must carefully read your commercial lease. Many “triple net” leases in Winnipeg explicitly transfer the total legal responsibility for property maintenance, including contracting snow plows and salting walkways, directly to the business tenant.
Step 3: Comply with the Neighbourhood Liveability By-law
Beyond provincial liability, the City of Winnipeg has its own strict municipal rules. Under the Neighbourhood Liveability By-law, property owners are strictly required to maintain their properties to a minimum standard. While the city clears public streets, commercial owners are heavily expected to manage their private walkways and ensure snow is not illegally pushed onto city streets.
Step 4: Maintain Detailed Maintenance Logs
If someone falls and sues you, your strongest legal defence is proving you acted “reasonably.” To do this, you must keep meticulous, written maintenance logs. Every time you or your contractor shovels, spreads salt, or inspects the property, write down the exact date, time, and action taken. Without this paper trail, defending a lawsuit is incredibly difficult.
How Much Does it Cost in Winnipeg?
Proper property maintenance requires a financial investment, but it is vastly cheaper than paying out a personal injury settlement.
| Expense Type | Estimated Cost in CAD |
|---|---|
| Commercial Snow Removal Contract | Depending on the size of the parking lot, seasonal contracts typically range from $1,500 to $5,000+ CAD per winter. |
| Commercial General Liability Insurance | A robust policy covering slip-and-fall claims usually costs a small business between $1,000 and $3,000 CAD annually. |
| City of Winnipeg By-law Fines | Failing to meet property standards can result in municipal fines starting at $150 to $500 CAD per infraction. |
| Average Slip and Fall Lawsuit | If you are found negligent, damages for a broken bone can easily exceed $50,000 to $100,000 CAD. |
How Long Does the Process Take?
Snow removal and property maintenance are ongoing, relentless responsibilities that require daily attention. ⌛
- Snow Clearing Response Time: Most commercial leases and reasonable care standards expect snow and ice to be cleared within 12 to 24 hours of a major snowfall.
- Daily Inspections: You should actively inspect your storefront and apply salt or sand at least once a day during the freezing winter months.
- Lawsuit Duration: If an injured person sues your business, defending the claim in a Manitoba court typically takes 2 to 4 years to fully resolve.
Because commercial lease agreements and liability laws are highly complex, seeking professional advice is critical. We strongly recommend browsing our directory to connect with a skilled Winnipeg commercial real estate lawyer who can review your lease and ensure you are legally protected.
Frequently Asked Questions (FAQ)
Who gets sued if someone slips: the landlord or the tenant?
In most slip-and-fall lawsuits in Manitoba, the injured party’s lawyer will sue both the property owner (landlord) and the business operator (tenant). The court will then review the commercial lease agreement to determine who ultimately had the legal responsibility for maintaining the specific area where the fall occurred.
Am I liable if a trespasser gets hurt on my commercial property?
Under the Occupiers’ Liability Act, you still owe a minimal duty of care to trespassers, but it is much lower than the duty owed to paying customers. You cannot intentionally set traps or create highly dangerous hazards, but you are generally not liable if a trespasser slips on a standard icy patch.
Can I just put up a “Not Responsible for Falls” sign?
No. A simple warning sign does not legally absolve you of your responsibility to maintain a safe premises. While a bright, visible “Wet Floor” sign is a good temporary measure, you must still actively remove the hazard (like mopping up water or salting the ice) as quickly as possible.
What happens if my snow removal contractor does a poor job?
If your hired contractor fails to show up or leaves dangerous ice behind, you as the “occupier” can still be sued by the injured person. However, your lawyer may be able to add the snow removal company to the lawsuit and force their insurance to pay, provided you have a solid written contract with them.
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