Cottage Safety and Owner’s Liability

By Kevin Souch

With summer in full swing, cottage owners and renters alike are flocking to the lakeside. While everyone’s focus is on fun and relaxation, cottage owners must also turn their mind to the issue of safety.

If you own a cottage in Ontario, you are responsible for the safety of your guests while they are on your property. There are areas where liability may be found against you such as:

1. Occupier’s liability under the Occupier’s Liability Act; and,
2. Social Host Liability

Occupier’s Liability

The Occupier’s Liability Act (the “Act”) governs landowners’ responsibilities to anyone who uses their property.  

The Act states that occupiers must take reasonable care that their guests are safe while they are on their property. This applies to the condition of the premises and activities that take place on it. This means that, as a cottage owner, you have a legal duty to ensure:

1. Your cottage and property are in a reasonably safe condition; and
2. Your guests do not bring hazardous objects or engage in dangerous activities while on your property.

However, your liability is not limitless. Under the Act, guests cannot hold you responsible for risks they willingly assume so long as you are not intentionally harming them or recklessly disregarding their safety.

Social Host Liability

If you will be serving alcohol, cannabis or other drugs to guests at your cottage you may be liable for actions they take while under the influence. In fact, if a guest is supplying their own substances while on your property you may be liable for their actions. This includes things like driving a motor vehicle, or, using watercraft, offroad vehicles and other equipment while on the property.

As a responsible host you must ensure that your guests have somewhere to stay or a safe ride home if they have been consuming substances. You must also ensure that they are able to safely operate any vehicles or equipment while a guest of yours.

Cottage Safety Checklist

• Make sure that all walkways, decks, stairs, railings, docks, and ladders are in good condition.
• Ensure that all entrances and stairs are well-lit at night.
• If you give your guests assess to a canoe or kayak, provide all the necessary safety equipment such as life jackets. Leave detailed instructions on how to use it.
• If guests are going to use watersports equipment, make sure that they have the proper licenses and experience.
• Avoid putting seating areas too close to the firepit.
• Make sure everyone knows what fire bans are and if one is in effect.
• Have a few fire extinguishers handy and let guests know where they are located.
• Keep a well-stocked first-aid kit. Ensure that it addresses bug bites and allergic reactions.
• If you have poison ivy or giant hogweed on your property, indicate where it is so that your guests know to steer clear.
• Regularly test the smoke alarms and carbon monoxide detectors.
• Create a “cottage handbook” detailing where guests can find things and instructions on how to properly use all areas and equipment. Clearly outline any rules, including what items or areas are off-limits.
• Keep any items that you do not want your guests to use locked up or store them off the property entirely.
• Do regular maintenance and safety checks. Date and record the details of each one.
• Ensure your guests consume substances safely and do not operate motor vehicles or other devices while under the influence.

If you have been injured while a guest at a cottage contact an experienced Personal Injury lawyer like those at Sorbara Law for a FREE NO OBLIGATION CONSULTATION. ksouch@sorbaralaw.com or call at 519-741-8010