ARTICLE
12 August 2024

Cottage Owners And Guest Safety

LL
Lerners LLP

Contributor

Lerners LLP is one of Southwestern Ontario’s largest law firms with offices in London, Toronto, Waterloo Region, and Strathroy. Ours is a history of over 90 years of successful client service and representation. Today we are more than 140 exceptionally skilled lawyers with abundant experience in litigation and dispute resolution(including class actions, appeals, and arbitration/mediation,) corporate/commercial law, health law, insurance law, real estate, employment law, personal injury and family law.
Cottage life brings with it a multitude of benefits — an escape from big cities, reconnecting with nature, and quality time with friends and family, to name a few. But cottage life also carries some risks...
Canada Real Estate and Construction
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Cottage life brings with it a multitude of benefits — an escape from big cities, reconnecting with nature, and quality time with friends and family, to name a few.

But cottage life also carries some risks, and it is important for a cottage owner to understand and mitigate against those risks, to ensure that a cottage always remains what it is supposed to be — your happy place.

INJURIES OR DAMAGES

As a cottage owner, you can be held responsible for any injuries or damages that occur on your property. This responsibility extends to both invited guests and sometimes even trespassers, depending on the circumstances.

Similar to other types of property owners, cottage owners have a duty to ensure that their premises are reasonably safe for visitors.

In order to fulfill that duty, it is important that cottage owners keep their property well-maintained in order to reduce the risk of accidents occurring.

Cottage owners should regularly inspect their beach stairs, decks, and docks to ensure they do not pose a hazard and are in good repair. Cottage owners should also consider installing signs or barriers, to warn of any dangerous conditions, such as steep drop-offs, uneven terrain or construction areas.

KNOWN RISKS

Ensuring that there is sufficient lighting available to help navigate the property at night is important, including flashlights, stair lights etc. It is also important to inform guests of any known risks on the property, such as deep water, steep inclines, poisonous plants or dangerous wildlife.

Cottage safety extends to inside the cottage, so you need to ensure that you have working smoke detectors and carbon monoxide alarms.

It is also important to have a well-stocked first aid kit in the cottage, and the geographical coordinates readily available in the event that you have to contact the fire service or call for an ambulance.

WATER CAN POSE SPECIFIC RISKS

Water, and the activities we enjoy on it, can pose specific risks for cottage owners. Any activities in or around water must be done safely, which includes ensuring that personal flotation devices are available to your guests, whether they're using boats, kayaks, canoes, paddle boards, etc.

You need to warn your guests of any specific danger in the waters, such as sudden drop-offs or areas for motorized passage. Children should be given clear rules that must be followed when around the water.

Anyone operating a boat requires a boating licence. Further, a cottage owner should check with their insurance company before allowing someone else to operate their boat, as restrictions or exclusions may apply.

INSURANCE COVERAGE

A cottage owner should also ensure that they have adequate insurance coverage in the event of an injury on their property. This might include purchasing umbrella insurance in addition to the homeowner's property insurance that is in place.

Finally, accidents tend to happen more frequently after people have consumed alcohol or recreational drugs. As a cottage owner and social host, you should take steps to prohibit underage drinking and ensure that your guests do not operate any boats, watercraft or vehicles on the property after drinking.

Offering your guests a comfortable bed to stay overnight at the cottage after they have consumed alcohol is the best approach.

With these tips in mind, you should be able to keep the cottage a safe and relaxing haven for you and your guests this summer and in the years to come.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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