Someone Slipped on My Icy Sidewalk: Does Home Insurance Cover It?

Often, yes, through the personal liability part of the policy. If a visitor, delivery driver or passer-by is hurt on ice outside your home and a court or your insurer finds you legally responsible, personal liability coverage is the part of a home or tenant policy designed to respond, up to the limit on your policy. Insurers generally also handle the legal defence of a covered claim. It is not automatic: whether you are liable depends on whether you took reasonable care, and the exact wording, limits and exclusions vary by insurer, so check your policy.

The Insurance Bureau of Canada (IBC) says that whether you own or rent, you can be held personally liable for bodily injury or property damage you unintentionally cause to others, and it lists snow and ice as a common hazard to manage. This article stays on the winter slip-and-fall question. For the wider picture, read our guide to personal liability insurance in Canada.

Two separate parts of a policy can be involved, and it helps to know the difference.

• Personal liability. Pays, up to the limit, damages you are found legally liable for, such as the injured person's medical costs, lost income and other losses. It is tied to fault. It typically also covers the legal costs of defending a covered claim, but check how your policy treats defence costs.
• Medical payments to others (where included). Some policies offer a small no-fault amount for minor medical costs of a guest hurt at your home, whether or not you were at fault. Not every policy has it and limits are usually modest. Ask your broker whether yours does and what it pays.

Neither one pays for your own injuries or those of people who live in your household; IBC notes that liability coverage generally does not apply to members of your household. Liability limits differ between insurers and policies. If you want more room above the standard limit, see how an umbrella policy works.

Liability for an injury on a property is mostly provincial law. Ontario and British Columbia each have an Occupiers' Liability Act, and the core idea is the same: the person in control of the premises must take reasonable care that people on it are reasonably safe.

• British Columbia. The Occupiers Liability Act says an occupier must take the care that is reasonable in all the circumstances to see that people on the premises are reasonably safe in using them. An "occupier" includes someone in physical possession of the premises or who has responsibility for and control over their condition, and there can be more than one occupier.
• Ontario. The Occupiers' Liability Act uses the same reasonable-care approach. Ontario's Act also contains special rules for claims about snow and ice, including a notice requirement, so a claimant and an owner both need to read the current text.
• Other provinces. Rules differ. Quebec, for example, works under its civil law rather than an occupiers' act. A lawyer or your broker can point you to the rule for your province.

"Reasonable care" is not "perfect care". Courts look at the facts. IBC's slip, trip and fall guidance advises using salt, a shovel or sand to keep walking surfaces clear of ice and snow within bylaw timeframes. This is general information, not legal advice.

Many municipalities require residents to clear the public sidewalk next to their property. Bylaws set the deadline, and a missed deadline can be evidence about whether you took reasonable care, even though a fine and an injury claim are separate matters.

• Toronto. The City says that when snow is under 2 cm, residents and businesses must clear the sidewalk next to their property of snow and ice within 12 hours after the snowfall ends. At 2 cm or more, City crews clear public sidewalks. Owners must clear private property such as driveways, steps, ramps and landings within 24 hours after snowfall ends. The City also warns against pushing shovelled snow onto sidewalks or roads.
• Vancouver. The City's winter maintenance page asks owners and occupants to clear snow and ice from the full width of the sidewalk in front of their property (and alongside it on a corner lot) by 10 a.m.

Rules, deadlines and fines change and differ in every town, so check your own municipality's current page. Some cities also offer help programs for seniors or people with disabilities.

1. Help first. Make sure the person gets care and call emergency services if needed. Being kind is not an admission of fault.
2. Do not admit liability or promise to pay. Stay factual. Leave the question of fault to your insurer.
3. Record the scene. Photograph the spot, the ice, any salt or sand, lighting and the date and time. Note the weather and when you last cleared the area. IBC's guidance on documenting loss is to know how to document damage before you need to.
4. Collect names. Get the contact details of the injured person and any witnesses.
5. Make the area safe. Salt, sand or clear it right away so no one else is hurt. Keep a note of what you did.
6. Tell your insurer or broker promptly. Report the incident even if no one has claimed anything yet. Policies commonly ask for prompt notice, and a claim letter can arrive weeks later. Our step-by-step claim guide explains the process, and the claims page shows how BlueCouch can help you get started.
7. Forward any letter or lawsuit. If a lawyer's letter or court papers arrive, send them to your insurer straight away. Do not negotiate directly.

Liability coverage is broad but not unlimited. Situations that commonly cause trouble:

• Claims above your limit. You are responsible for anything over the policy limit.
• Business activity. If people come to your home for a business, such as clients or deliveries for a side business, a standard home policy may not respond. See home-based business insurance.
• Intentional acts. Liability coverage is for accidents, not deliberate harm.
• Injuries to you or your household. Not covered under liability.
• Rented-out parts of the property. A rental unit, short-term rental or secondary suite can change which policy applies. Read about what home insurance does not cover and ask your broker how rentals affect your liability cover.
• Your own damage. Liability does not repair your property. For roof or ice-related damage to the house itself, see ice dams and winter storm cover.

Exclusions and conditions differ by insurer. Your policy wording is the final word.

It depends on the building, the lease and the municipality. Generally, the person with control of the area is the "occupier", and more than one party can be an occupier at once, so responsibility can be shared.

• Tenants renting a unit in a larger building: the landlord or property manager usually controls shared walkways, stairs and parking areas. Tell them in writing about icy or unsafe spots.
• Tenants renting a whole house: snow clearing is often passed to the tenant in the lease, but not always. Read yours.
• Landlords: a landlord who controls the common areas, or who is named in the bylaw as the owner, can face the claim even if a tenant is also involved. Landlord policies differ from homeowner policies, so see landlord insurance vs home insurance and our landlord insurance page.
• Tenants' own cover: tenant insurance normally includes personal liability too. See the tenant insurance page. IBC also reminds renters they can be held personally liable.
• Condo owners: common sidewalks are usually the condominium corporation's job, while your own unit policy still carries your personal liability. See condo insurance.

If a snow contractor is hired, the contract may shift some responsibility, but it does not always remove yours. Ask a lawyer about your situation.

• Clear and treat walkways, steps and the public sidewalk within your city's deadline, and again after freeze-thaw cycles.
• Keep salt or sand near the door, and point downspouts away from paths so meltwater does not refreeze on them.
• Light the entrance and handrails.
• Keep a simple log with dates and times of clearing and photographs. It is cheap evidence if a claim ever comes.
• Ask your broker at renewal what your liability limit is and whether it fits your situation. A home insurance review with a licensed broker takes a few minutes.