The Dangers of Summer Rentals in Ontario: Can You Sue for Personal Injury?

July 18, 2023, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Summer vacations are a time to unwind, relax, and enjoy new experiences. For many, renting a vacation property in Ontario is an appealing option. However, while these short-term rentals offer convenience and comfort, it is essential to be aware of potential dangers. This blog post will explore the risks associated with summer rentals in Ontario and address the question of whether you can sue a short-term rental for personal injury in the province.

1. Safety Hazards in Summer Rentals

Short-term rentals, such as cottages and vacation homes, often attract a large number of visitors during the summer months. Unfortunately, inadequate safety measures can pose risks to guests. Potential hazards may include uneven walkways, slippery surfaces, faulty electrical wiring, lack of smoke detectors, inadequate lighting, or poorly maintained swimming pools or docks. It is crucial for both property owners and guests to prioritize safety and take necessary precautions to prevent accidents and injuries. Slip and falls and other personal injury accidents are common.

2. Duty of Care and Negligence

In Ontario, property owners and operators have a legal duty of care towards their guests. They are required to maintain reasonably safe premises, warn guests of any known hazards, and take steps to address potential risks. If a short-term rental fails to meet these standards and someone sustains an injury as a result, the owner or operator may be held liable for negligence.

3. Establishing Liability

To successfully sue a short-term rental for personal injury, you must establish that the owner or operator was negligent. This requires proving that they owed you a duty of care, breached that duty by failing to meet reasonable standards, and that this breach directly caused your injury. It is advisable to gather evidence, such as photographs, witness statements, and medical records, to support your claim. Consulting with a personal injury lawyer experienced in Ontario law can help assess the viability of your case and guide you through the legal process.

4. Limitations and Considerations

It's important to note that legal actions can be complex and depend on specific circumstances. Ontario has a two-year statute of limitations for personal injury claims, meaning you must file your lawsuit within two years of the date of the incident. Additionally, liability may vary depending on factors such as the rental agreement, whether the owner was aware of the hazard, and any contributory negligence on the part of the injured party. Consulting a legal professional is crucial to understand the unique aspects of your case and navigate the legal landscape.

While summer rentals in Ontario offer an enjoyable vacation experience, it is crucial to be mindful of potential hazards that can lead to personal injuries. Property owners and operators have a duty of care towards their guests and must maintain a reasonably safe environment. If negligence on their part results in injuries, it may be possible to sue for personal injury. However, individual circumstances and legal considerations can significantly impact the outcome of such claims. Seeking legal advice and gathering evidence are crucial steps to ensure your rights are protected and potential liabilities are addressed.

5. What to do if you are injured in an accident at a cottage or short-term rental

If you are seriously injured in an accident at a rental cottage or other short-term rental property contact one of our experienced personal injury lawyers today. We are here to meet with you during a free initial consultation and to assess your case with you. Don’t face your situation alone. Call us as soon as possible.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.