The Property Manager’s Guide to Parking Lot Liability

The Property Manager’s Guide to Parking Lot Liability

At DT Asphalt Maintenance, we are committed to delivering exceptional pavement solutions that meet the highest standards of durability, safety, and local expertise. Our comprehensive approach ensures every driveway or parking lot in the Waterloo Region is protected against the harshest elements of the Canadian winter.‍

An in-depth look at provincial liability standards

In Ontario, the Occupiers' Liability Act places a clear "duty of care" on property managers and owners to ensure that anyone entering their premises is reasonably safe. A parking lot is often the first point of contact for a visitor, and it is also one of the highest-risk areas for injury. Neglecting a $500 pothole can quickly turn into a $50,000 legal claim if it results in a "trip and fall" incident.

• The Reasonable Care Standard: Courts do not expect perfection, but they do require a "meaningful and consistent" system of inspection and repair.
• Potholes and Cracks: Deep potholes and uneven surfaces are cited as primary causes for injuries. Documenting regular repairs is your best defence in a negligence claim.
• Water and Ice Pooling: Poor drainage leading to standing water often turns into "black ice" in the Waterloo Region, creating extreme slip hazards.
• AODA Compliance: Under the Accessibility for Ontarians with Disabilities Act (AODA), property managers are legally required to maintain accessible parking spaces and clear paths of travel.
• The 60-Day Notice Rule: While new rules require claimants to provide notice of injury caused by snow or ice within 60 days, this does not absolve managers of the responsibility to maintain the underlying asphalt.

We believe in transforming aging surfaces into lasting assets through meticulous planning and high-grade materials. Our holistic approach to asphalt maintenance ensures that every project is executed with precision, helping your property withstand the unique environmental stresses of our region.

Proactive maintenance is significantly more affordable than the legal fees and insurance premium hikes that follow an accident. By implementing a scheduled maintenance plan, you create a "paper trail" of safety. Demonstrating that you have a contract for regular crack filling and sealcoating proves to insurers and courts that you are taking reasonable steps to mitigate risk. Furthermore, a well-marked parking lot with high-contrast lines reduces vehicle-on-vehicle accidents, further lowering the overall liability of the property.‍

Our commitment to quality and the environment

We partner with property managers to provide the specific technical repairs that satisfy safety auditors and legal requirements. We prioritize high-visibility and high-durability solutions for high-traffic commercial environments.

• AODA Restriping: We ensure your accessible stalls meet current provincial standards for width, signage, and high-contrast blue/yellow markings.
• Hot-Rubberized Joint Repair: We bridge the gaps between asphalt and concrete curbs to eliminate "heel-catchers" that cause trips.
• Strategic Catch Basin Repair: We fix sunken drains that cause massive puddles, reducing the risk of hydroplaning and winter ice patches.
• Precision Line Painting: We use MTO-grade traffic paint to ensure directional arrows and crosswalks are unmistakable for pedestrians.
• Detailed Service Logs: We provide documentation of all repairs made, giving you the evidence needed for your risk management files.

Understanding our approach to comprehensive asphalt protection

Every project starts with a detailed inspection of your pavement's current state. We don't just "paint" over problems; we address the root causes of deterioration. By treating active cracks before they become structural failures, we extend the life of your asphalt by years, saving you thousands in premature replacement costs.‍Our approach to comprehensive maintenance ensures that every aspect of your project—from the initial cleaning to the final seal—is handled with the expertise required for the Kitchener-Waterloo climate.

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