When Are You Liable for Your Guest’s Injuries?

If someone slips and gets hurt on your property — whether it's your driveway, your apartment's balcony, or a shared stairwell — are you responsible?

The answer to that question is: It depends.

Liability for guest injuries isn’t always cut and dry. It can vary based on where the injury occurred, what type of property you live in, and who’s responsible for maintaining that area. In this guide, we break it all down so you can understand your responsibilities and how tenant insurance helps protect you from unexpected costs.

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Why Premises Liability Matters

In legal terms, premises liability refers to your legal responsibility if someone gets injured on property you own or rent. In Canada, if you haven’t taken “reasonable care” to keep your space safe, you could be held liable for injuries — even if they were an accident.

Whether you’re a renter, homeowner, or condo resident, understanding your liabilities — and how tenant insurance can protect you — helps you:

• Avoid lawsuits

• Keep your property safe for visitors

• Know when you’re covered (and when you’re not)

Let’s Break It Down by Property Type

Homeowners

As a homeowner, you’re generally responsible for your entire property, including the inside of your home, your yard, driveway, and sidewalks (in some cases).

Common risks that could make you liable:

• Snow and ice: Many cities have bylaws requiring snow and ice removal within a specific time frame. If someone falls on your uncleared sidewalk, you could be sued.

• Cracked walkways or uneven steps: If a guest trips on a broken step or raised paving stone, and you knew (or should have known) about it, that could fall on you.

• Loose railings: If a handrail gives way and causes a fall, you’re likely responsible for any resulting injury.

• Poor lighting: Inadequate lighting on paths or porches can lead to missteps and liability.

Tip: Homeowners insurance can help cover medical expenses, legal fees, and other damages if someone sues you for injuries on your property.

Condos & Townhouses

Living in a condo or townhouse means shared spaces — and shared responsibilities.

• Inside your unit: You’re liable for any hazards within your private space, like a slippery bathroom floor or exposed wiring.

• Shared areas (like lobbies, gyms, or stairwells): These are usually the responsibility of your Homeowners Association (HOA) or building management.

• Townhouses: If you have a private yard, walkway, or porch, you may be responsible for upkeep, depending on the terms of your ownership or lease.

Important: Always check your condo agreement or lease to understand what you’re responsible for.

Renters

If you're renting, your liability depends on whether the hazard was within your control or your landlord’s.

You could be liable if:

• Your guest trips over clutter or a spill in your unit

• You knew about a hazard and failed to fix it or warn others

• You cause a situation (like a grease fire) that injures someone

Your landlord might be liable if:

• A guest is injured on a broken stair in a common hallway

• There’s a structural issue (like a rotten deck) that they failed to repair

• They didn’t disclose known hazards before you moved in

Tip: Tenant insurance covers you if you’re sued for an injury on your rented property — and protects your belongings too. To learn everything you need to know about tenant insurance, read our comprehensive guide.

Related read: What is Renters Insurance and why is it important?

Real-Life Scenario

Jared invites friends over for a BBQ. One guest trips on a loose brick in the patio walkway and sprains their ankle. Jared had noticed the brick before but hadn’t fixed it. A week later, he’s served with a notice — his guest is suing for medical bills and lost wages.

Without insurance, Jared could be on the hook for thousands.

With tenant insurance, his liability coverage may cover legal fees and the cost of the injury.

FAQs About Injury Liability

Here are some other frequently asked questions about when someone gets hurt on another’s property:

Q: Am I liable if someone slips on my icy driveway?

A: Yes, you could be held liable if you’re responsible for clearing it and failed to do so within the time required by local bylaws.

Q: Can someone sue me if they were trespassing?

A: Usually no, but there are exceptions. If you know people frequently trespass on your property (like kids cutting across your yard), you may need to put up warnings for known hazards like:

• Loose dogs

• Game traps or hunting zones

• Abandoned buildings or unsafe structures

Q: What if the injury happened in a common area?

A: In a rental or condo, this is typically the landlord’s or building manager’s responsibility — but it’s worth confirming what your lease or building agreement says.

How Tenant Insurance Can Protect You

Whether you're legally liable or not, dealing with a guest’s injury can be stressful and expensive. Tenant insurance can help by:

• Covering legal fees and settlement costs

• Paying out damages if you're found responsible

• Offering peace of mind that you won't have to deal with it all alone

APOLLO offers effortless tenant insurance designed to protect renters across Canada. Get your free quote in less than a minute and we’ll send your policy documents right to your inbox.

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