Injured at a Hamilton Apartment?

If you’ve been injured at an apartment, whether your rental unit or someone else’s, our Hamilton Personal Injury Lawyers can help. Every landlord in Ontario is mandated to take reasonable care of the property – inside or outside – and if you’ve suffered injuries at an apartment on stairs, balconies, floors, in the parking lot or on a sidewalk, you may be entitled to compensation. Lalande Personal Injury Lawyers have pursued hundreds of negligent Landlords in Hamilton, and we can do the same for you.

Living in or visiting an apartment building, apartment complex, or townhome complex should offer comfort and safety, yet poorly maintained properties in Hamilton put residents and guests at risk daily. Outdoor hazards like crumbling asphalt surfaces—marred by potholes, cracks, alligator cracking, and uneven patches—not only increase the likelihood of trips and falls but also allow water to pool and freeze during the colder months, creating slick, icy conditions that can catch anyone off guard, the dangers don’t end at the entrance.

Neglected maintenance inside these buildings can lead to a host of safety issues. Worn-out carpets, loose floorboards, and uneven tiles can cause trips and slips in hallways and living spaces. Malfunctioning elevators and stairwells with broken handrails pose serious risks, especially for older people and those with mobility challenges. Poor lighting in common areas and corridors can obscure hazards, making accidents more likely. Additionally, leaks and water damage can lead to mould growth, affecting indoor air quality and posing health risks.

Regular maintenance isn’t just about aesthetics; it’s a critical aspect of ensuring the health and safety of everyone who enters the building. Property owners and managers are responsible for repairing their buildings’ interior and exterior. This includes timely fixes to structural issues, proper lighting, and addressing hazards that could lead to accidents or injuries. Understanding the dangers of these maintenance lapses is the first step toward advocating for safer living environments in our community. Residents can help promote the upkeep necessary to prevent unnecessary falls and injuries by staying informed and voicing concerns.

Hamilton apartment rental injuries are real – and more common than you think. If you or a loved one has been injured inside or outside a Hamilton apartment, call our Hamilton Personal Injury Lawyers today for your Free Consultation.

Landlord Negligence in Hamilton is all too Common.

Did you know that landlords in Hamilton and throughout Ontario are legally obligated to ensure that their rental properties are safe, well-maintained, and comfortable for tenants?

Several laws govern them, including the Residential Tenancies Act, the Occupiers’ Liability Act, and municipal bylaws like Hamilton’s Property Standards Bylaw 10-221. These are not ALL the laws, but some important ones. They are clear on your landlord’s responsibilities, both the interior and exterior of rental units. Landlords must keep structural elements sound, address maintenance issues promptly, provide adequate lighting, and ensure that common areas are free from hazards. This includes repairing damaged handrails, maintaining parking lots, and clearing snow and ice from walkways after a snowfall. Understanding and fulfilling these duties keeps landlords compliant with the law and fosters a safe living environment for all residents like yourself.

Ontario’s Residential Tenancies Act Obligations

Under the Residential Tenancies Act, Ontario landlords have a legal obligation to maintain their rental properties in a state of good repair, both inside and outside the unit. One part of the Residential Tenancies Act, the Maintenance Standards regulation (O. Reg. 517/06), specifies the responsibilities landlords must uphold to ensure their tenants’ safety and well-being, indoors and outdoors. Here’s a summary of your landlord’s requirement pursuant to O. Reg. 517/06 put together by our Hamilton Personal Injury Lawyers:

Interior Maintenance Requirements: Landlords must keep all structural elements within the unit in sound condition. This includes maintaining foundations, floors, walls, ceilings, and roofs to support their intended loads safely. Any signs of deterioration, such as cracks, leaks, or sagging, must be promptly addressed.

Plumbing systems are crucial for daily living, and landlords are responsible for ensuring all plumbing, including pipes, drains, toilets, and faucets, are in good working order. This means providing a continuous supply of hot and cold water and promptly fixing any leaks or blockages to prevent water damage and mould growth.

Heating systems must be capable of maintaining a minimum indoor temperature as specified by the regulation, ensuring tenants remain comfortable during colder months. Landlords must service heating equipment regularly to prevent malfunctions and safety hazards.

The unit’s electrical systems and lighting fixtures must be maintained in safe working condition. This involves regular inspections of wiring, outlets, switches, and circuit breakers to prevent electrical fires or shocks. Adequate lighting must be provided in all rooms to ensure visibility and safety.

Ventilation is essential for air quality. Landlords must ensure that ventilation systems, including fans and air ducts, function correctly to provide fresh air and reduce humidity levels, thereby preventing mould and mildew.

If present within the building, elevators must be kept in safe operating condition. Regular maintenance checks are required to prevent malfunctions that could endanger tenants.

Exterior Maintenance Requirements: Outside the unit, landlords are responsible for maintaining all exterior property areas. This includes ensuring that roofs, exterior walls, doors, and windows are weatherproof and free from drafts, leaks, and other defects. Windows and doors must also be properly fitted with secure locks so they can open and close smoothly.

The regulation mandates that all stairs, handrails, guards, and balconies be structurally sound and safe to use. Landlords must repair any damage, such as loose steps, broken railings, or unstable supports, to prevent accidents.

Walkways, driveways, and parking areas must be maintained to eliminate hazards. This means repairing potholes, cracks, and uneven surfaces and removing debris that could cause trips and falls. During colder months, landlords must address issues like water pooling that can freeze and create icy conditions.

Landlords are also required to implement effective pest prevention measures. This includes regular inspections and treatments to prevent rodents, insects, and other pest infestations inside units and in common areas.

Adequate facilities for garbage disposal and storage must be provided and maintained. This helps prevent health risks and discourages pests by ensuring that waste does not accumulate in or around the property.

Fire safety is a critical aspect of the regulation. Landlords must install and maintain smoke alarms, fire extinguishers, and other fire safety equipment as required. They must also ensure that fire escapes and exits are accessible and unobstructed at all times.

By adhering to these maintenance standards, landlords comply with legal requirements and contribute to a safer and more comfortable living environment for their tenants. Regular inspections and prompt repairs are essential practices that help prevent accidents, health hazards, and potential legal disputes.

Occupiers’ Liability Act Obligations

Like the Residential Tenancies Act, the Occupiers’ Liability Act imposes a duty on landlords to keep the premises safe. The difference is that the legal duty extends to property owners and occupiers to ensure that anyone entering their premises is reasonably safe. In the context of apartment building or property negligence, the duty can extend past the owner – and onto the superintendents who live at and occupy the premises or the property manager who had legal care and control of the maintenance at the premises. Landlords are always considered occupiers because they control common areas and are responsible for maintenance and repairs. They must take reasonable steps and put reasonable safeguards to prevent harm to tenants, visitors, and anyone else who might enter the property. Here is a summary of your landlord’s requirement pursuant to the Occupiers’ Liability Act put together by our Hamilton Personal Injury Lawyers:

Structural Integrity: Maintaining the building’s structure, including walls, ceilings, and floors, to prevent collapses or accidents.

Stairways and Handrails: Keep stairs in good repair and ensure handrails are secure to prevent slips and falls.

Lighting: Provide adequate lighting in hallways, stairwells, and common areas to enhance visibility and safety.

Elevators: Ensuring elevators are regularly inspected and maintained for safe operation.

Fire Safety: Installing and maintaining smoke detectors, fire alarms, and fire extinguishers as required by law.

Hazardous Materials: Removing or safely managing dangerous substances like asbestos or lead paint.

Walkways and Parking Lots: Repairing potholes, cracks, and uneven surfaces and ensuring these areas are free from debris and obstacles.

Snow and Ice Removal: Promptly clearing snow and ice from walkways, entrances, and parking areas to prevent slip-and-fall accidents.

Lighting: Installing sufficient outdoor lighting to improve visibility during nighttime and deter criminal activity.

Landscaping: Maintaining trees, shrubs, and other vegetation to prevent overgrowth that could obscure hazards or impede walkways.

Security Measures: Ensuring that doors, gates, and locks function correctly to provide a safe environment.

Liability for Negligence

If a landlord fails to meet the standard of care established by the Occupiers’ Liability Act, they can be held liable for injuries or damages that occur as a result. For example, if someone trips over a poorly maintained walkway or is injured due to inadequate lighting, the landlord may be responsible for compensating the injured party.

Exceptions and Shared Responsibility

The Act also considers situations where the injured person may have willingly assumed the risk or where the injury was partly due to their own negligence. However, these exceptions do not absolve landlords from their responsibility to maintain safe premises.

Applicability to Tenants and Visitors

The duty of care extends to everyone who enters the property, including tenants, their guests, delivery personnel, and even trespassers under certain circumstances. Landlords must be vigilant in addressing potential hazards affecting anyone on the premises.

Your Landlord’s Obligations under Hamilton Bylaw No. 03-296

As a tenant in Hamilton, your safety during the winter months is of utmost importance. The city’s Snow and Ice Bylaw No. 03-296 mandates that property owners and occupants clear snow and ice within 24 hours after a snowfall ends. As property owners, landlords are legally obligated to keep their properties safe for tenants and visitors alike. This means they must promptly remove snow and ice from sidewalks adjacent to their property and any overhanging roofs. When landlords neglect this responsibility, it can lead to hazardous conditions that increase the risk of slip and fall accidents.

We understand how concerning it can be when your landlord doesn’t address these safety issues. You deserve to feel secure when entering or leaving your home or apartment – or even a friend’s apartment – and it’s important to know that there are regulations to protect you.

It is reassuring to know that the City of Hamilton must also follow these regulations. If the city owns a property, such as an arena or activity centre, it must comply with the Snow and Ice Bylaw, just like any other property owner. This ensures a consistent safety standard across all public and private properties within the city.

For everyone’s safety, there are specific guidelines in the Bylaw on where snow and ice should not be placed during removal, such as beside or blocking access to a fire hydrant, drainage to any drains, sewer catch basins, ditches or on the road (this can interfere with traffic, cause accidents, and may result in fines under Bylaw No. 86-77.) As snow and ice accumulate, clearing areas around catch basins, curbside gutters, and drainage ditches help prevent flooding and protect properties—including your landlord’s.

What happens if Snow and Ice are not Cleared as Required?

When property owners fail to remove and clear snow and ice, the city may take action, which can include:

• Issuing a Notice to Comply: A document provided to the property owner outlining necessary actions.
• Fines up to $5,000 under the Provincial Offences Act and other court proceedings necessary to obtain compliance.
• Adding inspection fees to property taxes: Increasing the financial burden on the property owner.
• Charging the cost of snow removal to the property taxes if the city has to remove it: Ensuring that the responsibility falls on the landlord, not the tenants.

It’s important to note that vacant property owners are also responsible for ensuring sidewalks are cleared of snow and ice.

A Common Apartment Hazard in Hamilton: Broken Handrails

Neglected stairs and handrails around apartment buildings present significant safety hazards for residents and visitors. When landlords fail to maintain these essential structures in good repair, the risk of accidents and injuries increases substantially.

Due to constant exposure to the elements, outdoor stairways leading up to front doors, back patios, and common areas are particularly susceptible to wear and tear. Cracked steps, loose boards, or uneven surfaces can cause individuals to trip or lose their footing. These hazards become even more dangerous in wet or icy conditions, as slippery surfaces combined with structural defects can lead to serious falls.

Handrails play a critical role in providing support and stability when navigating stairs. If handrails are loose, broken, or missing, they cannot offer the necessary assistance, especially for older people, children, or those with mobility challenges. A secure handrail can prevent a minor stumble from becoming a severe injury by allowing individuals to regain their balance.

The lack of proper maintenance on stairs and handrails poses physical risks and has legal implications for landlords. Property owners have a duty of care to ensure their premises are safe for tenants and visitors. Under Ontario laws such as the Occupiers’ Liability Act and local building codes, landlords can be held liable if someone is injured due to negligence in maintaining the property.

Regular inspections and timely repairs are essential practices for landlords to mitigate these risks. By promptly addressing issues with stairs and handrails, property owners not only comply with legal obligations but also demonstrate a commitment to the safety and well-being of their community. Investing in proper maintenance can prevent accidents before they happen and ensure that residents feel secure in their living environment.

Common Apartment Parking Lot Hazards in Hamilton

Parking lots at apartment buildings in Hamilton endure extreme Canadian weather conditions year after year. Without proper maintenance, they can develop a range of damages that pose significant safety risks to residents and visitors.

Asphalt Cracks: One common issue is the formation of cracks in the asphalt surface. These can start small but expand over time due to temperature fluctuations, causing the pavement to contract and expand. Alligator cracks, named for their resemblance to an alligator’s skin, are a network of interconnecting cracks caused by the failure of the asphalt binder. They indicate underlying structural problems, often stemming from a damaged subgrade or base layer beneath the pavement. This compromised foundation can’t support the weight of traffic, leading to surface deterioration.

Stress cracks: Stress cracks are other damage caused by heavy loads or inadequate pavement thickness. They typically run longitudinally and can widen, creating uneven surfaces that increase the risk of trips and falls. When left unrepaired, these cracks allow water to penetrate the pavement layers, exacerbating the deterioration process.

Potholes: Potholes form when water infiltrates these cracks and freezes during cold weather. The expanding ice widens the cracks and weakens the pavement. When the ice melts, it leaves voids that collapse under the weight of vehicles, creating potholes. These can be deep and wide enough to cause serious injuries if someone steps into them unknowingly. In winter, potholes often fill with water that freezes over, turning them into hidden ice patches and increasing slip hazards.

Wavy pavement: Wavy Pavement or undulations occur when the subgrade settles unevenly or when there is inadequate compaction during construction. This uneven surface can cause pedestrians to lose balance and vehicles to experience reduced traction, especially in wet or icy conditions.

Improper Drainage: Improper drainage to basins is another critical hazard. Without effective drainage systems, water pools on the parking lot surface. Standing water not only accelerates pavement degradation but also poses direct risks. In warmer months, pooled water can conceal underlying cracks or holes. In colder months, this water freezes, creating large ice patches that are slippery and difficult to see, leading to increased chances of slip-and-fall incidents.

Edge cracking: Edge cracking can occur along the sides of the parking lot where the pavement meets unpaved surfaces. These cracks are caused by inadequate support at the pavement edge and can spread inward, contributing to more extensive surface damage.

All these forms of deterioration make the parking lot unsightly and significantly increase the likelihood of accidents. Navigating such hazards becomes even more challenging for residents with mobility issues, the elderly, or those pushing strollers or carrying heavy items.

Landlords must maintain these parking areas to prevent injuries and potential legal liabilities. Regular inspections and timely repairs, such as sealing cracks, patching potholes, and ensuring proper drainage, are essential maintenance practices. In doing so, property owners not only comply with safety regulations but also enhance the parking lot’s longevity and improve their tenants’ overall living experience.

Common Apartment Related Injuries

Slip and fall accidents, or trip and fall accidents in poorly maintained parking lots, are more than minor mishaps—they can lead to serious, life-altering injuries. Cracked pavement, potholes, uneven surfaces, and inadequate drainage create hazardous conditions that significantly increase the risk of falls. When these accidents occur, victims often suffer severe fractures, head injuries, and other debilitating conditions that require extensive medical treatment. Here are some of the more common injuries

Fractures and Broken Bones: One of the most common injuries resulting from parking lot falls is fractures. The sudden impact of a fall can cause bones to break or shatter, especially in the wrists, arms, hips, and ankles, as individuals instinctively try to brace themselves. Some fractures are so severe that they require surgical intervention. Procedures like open reduction and internal fixation (ORIF) involve realigning the broken bone fragments and securing them with metal rods, screws, or plates. Recovery from such surgeries can be lengthy and painful, often involving physical therapy and extended time away from work. Some of the more common fractures we have seen in apartment parking lot injuries are:

Bimalleolar Fractures: A bimalleolar fracture involves breaks in the ankle’s inner and outer bones—the medial malleolus and the lateral malleolus. This fracture type destabilizes the ankle joint and requires surgical intervention to realign and fixate the bones. Symptoms typically include severe pain, swelling, and inability to bear weight on the affected foot. These fractures can occur when someone twists or rolls their ankle during a fall caused by uneven pavement or potholes in a parking lot.

Trimalleolar Fractures: A trimalleolar fracture involves all three malleoli of the ankle—the medial, lateral, and posterior malleoli. This severe injury significantly compromises ankle stability and usually necessitates surgery for proper healing. Symptoms include intense pain, deformity, swelling, and bruising around the ankle. Such fractures can happen when a person slips and falls awkwardly, causing extreme rotational force on the ankle due to icy or uneven surfaces in parking lots.

Lisfranc Fractures: Lisfranc fractures occur in the midfoot area, affecting the bones and ligaments that connect the forefoot and midfoot. They can range from simple fractures to complex injuries involving multiple joints and dislocations. Common symptoms are swelling, bruising on the bottom of the foot, and pain that worsens with standing or walking. These fractures can result from twisting the foot during a fall, especially if the foot gets caught in a crack or hole in the pavement.

Tibial Plateau Fractures: A tibial plateau fracture is a break in the upper part of the tibia (shinbone) that extends into the knee joint. This injury can damage the cartilage surface and surrounding ligaments, potentially leading to arthritis if not adequately treated. Symptoms include severe pain, swelling, and difficulty moving or bearing weight on the leg. They can occur when someone falls directly onto their knee or experiences a forceful impact from tripping over a raised surface or obstacle in a parking lot.

Hip Fractures: A hip fracture is a break in the upper quarter of the femur (thighbone), often occurring near the hip joint. This serious injury is especially common in older adults and can severely impact mobility and independence. Symptoms include intense hip or groin pain and inability to put weight on the affected leg. Hip fractures can result from slipping and falling sideways onto a hard surface, a common scenario on icy or wet parking lot surfaces.

Wrist and Hand Fractures: Wrist and hand fractures involve breaks in any of the bones of the wrist or hand, such as the radius, ulna, or small carpal bones. These fractures can impair hand function and may require casting or surgical fixation. Symptoms include sharp pain, swelling, bruising, and limited range of motion. These injuries often occur when individuals instinctively use their hands to break a fall, leading to fractures upon impact with the ground.

Head Injuries and Traumatic Brain Injuries: Falls can also result in victims striking their heads on hard surfaces, leading to concussions or more serious traumatic brain injuries (TBIs). A TBI can have profound effects on cognitive function, memory, and personality, sometimes resulting in permanent disability. A mild concussion can cause headaches, dizziness, and difficulty concentrating, impacting daily life and work.

Spinal Injuries: The jarring force of a fall can injure the spine, leading to conditions like herniated discs or even spinal cord damage. Such injuries can cause chronic pain, numbness, or paralysis. Treatment often involves surgery and long-term rehabilitation, placing a significant emotional and financial strain on the victim.

Soft Tissue Injuries: Muscles, ligaments, and tendons can also be damaged during falls. Sprains, strains, and tears may seem less severe but can cause chronic pain and limit mobility. These injuries might require physical therapy or surgery to repair.

Can my Landlord Evict me if I File a Lawsuit for Injury Compensation?

In our legal career, we have never seen such retaliation occur, and if it does happen, it could open the landlord up to a bad faith claim.

In Ontario, tenants are protected by the Residential Tenancies Act (RTA) from retaliatory eviction when they exercise their legal rights. It is illegal for a landlord to evict a tenant simply because the tenant has filed a lawsuit, made a complaint to a governmental authority, or otherwise asserted their legal rights regarding the rental property.

The RTA, specifically Section 83, grants the Landlord and Tenant Board (LTB) the discretion to refuse or delay an eviction if it determines that the landlord is acting in retaliation. This means that if you sue your landlord for not maintaining the property, violating health and safety standards, or any other legitimate reason, the landlord cannot legally evict you as a form of punishment.

While tenants are protected from retaliatory eviction, landlords can still evict tenants for legitimate reasons unrelated to the tenant exercising their rights. Valid reasons may include non-payment of rent, causing significant damage to the property, engaging in illegal activities within the unit, or if the landlord or their family member requires the unit for personal use (with proper notice and conditions).

If you believe your landlord is attempting to evict you in retaliation for suing or filing a complaint, it is important to document everything and call us. Keep records of all communications, notices, and incidents related to your case. Attend any hearings at the LTB to present your case, and seek legal advice from a professional specializing in landlord-tenant law. While we have never encountered such a situation in our legal career, if it occurs, it could expose the landlord to a bad faith claim, strengthening your position.

Tenants should feel empowered to exercise their legal rights without fear of unfair eviction. The laws in Ontario are designed to protect tenants from retaliatory actions by landlords. If you’re considering legal action against your landlord, rest assured that the RTA provides safeguards to ensure you cannot be legally evicted simply for asserting your rights.

If You’ve Been Hurt at an Apartment, our Hamilton Personal Injury Lawyers can Help.

Property owners and landlords have a legal duty to maintain safe premises. When they neglect parking lot maintenance—failing to repair cracks, potholes, or address improper drainage—they put everyone at risk. Your landlord may be liable for your injuries if you’ve been injured due to such negligence.

We empathize with the frustration and concern when your landlord doesn’t fulfill their obligations. Hazardous conditions caused by elements in and out of the apartment in a state of disrepair, uncleared snow and ice can lead to severe injuries, impacting your health and well-being.

Our Hamilton Personal Injury Lawyers are dedicated to advocating for tenants like you. You may be entitled to compensation if you’ve been injured due to your landlord’s negligence in maintaining safe premises during the winter months. We have extensive experience handling cases where landlords have failed to comply with city bylaws, resulting in harm to their tenants.

Remember, our consultations are always free. We’re happy to meet with you and your family at our office, via Zoom, or even in the hospital or rehabilitation unit—wherever is most convenient.

No matter where you are in Ontario, call us at 1-844-LALANDE or locally throughout Southern Ontario at 905-333-8888 to schedule your free consultation. Alternatively,  email us through our website, and we’ll respond promptly.

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