However, you had all plowed a few hours ago and your landlord spread salt early in the day. Determining a leader, if there is one, is not easy in this type of situation.
According to Mr. Paula Barcelos, of the law firm Grondin Savarese, the person appointed to the interview has the obligation to take reasonable means to prevent accidents. The winter of Quebec imposes the dangers of snow and ice and, as a good citizen, we must try to limit the risks associated with the cold season.
House, condo or housing
Whether you own or rent, the rules that apply change little. There is one or more officials who must provide security of access and are expected to do the job diligently and efficiently to the extent possible. Occupants are not required to provide constant monitoring of access in the event of a storm. The following image is used: one must act as a good father.
In condo, it is the declaration of co-ownership that dictates the responsibilities of the syndicate and co-owners. “It is up to the union to remove snow from the common areas by taking reasonable measures to prevent accidents. As for the private parts, as a general rule, it is up to the co-owners to maintain them, “says Barcelos.
For tenants, the obligations included in the lease concerning the maintenance of the building include a special section devoted to snow removal. It is determined at the signing of the contract that the tenant or owner has the responsibility to maintain access. One does not always formalize the division of tasks between the tenant and the owner. However, in the event of an accident, it is towards the lease that one turns first to establish the responsibility.
In the event of an accident, “the responsibility of the person responsible for the maintenance of the premises can be engaged if the victim demonstrates that the accident results from a faulty maintenance on the part of the owner or the tenant”, explains the lawyer .
To understand the concepts of obligations, responsibilities and fault, Ms. Barcelos cites as an example a recent judgment of the Superior Court. “In the judgment, it says that the owner” is not the insurer of people who circulate there “. The pedestrian has an obligation of caution, especially “when he knows about the weather escapades and knows that there may be areas of ice.” For the owner, the obligation comes down to “taking the reasonable, effective and available means in a timely manner to prevent the danger to others”. “The mere presence of ice does not mean that there is negligence or fault.