CASE EVALUATION

Case Evaluation

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Occupier’s Liability Personal Injury Lawyers

Occupier’s liability claims in Ontario are legal claims filed against a property owner or property occupant where their negligence caused or contributed to an accident or injury on their property. Broadly speaking, occupier’s liability means that those in possession of property are responsible for injuries that occur there. Significantly, this remains true whether the injuries were caused by the poor condition of the property, or by activities taking place upon the property itself. In Ontario, this rule has been codified by the Occupier’s Liability Act, which provides:

occupiers liability warning sign
“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”
R.S.O. 1990, CHAPTER O.2, 3.(1)
For Injuries on Government PropertyIf your injury happened on city or government of Ontario property, it is important to provide the government with notice within 10 days of the incident, or otherwise as soon as possible thereafter.  I am happy to provide this notice for you.  For municipal property, written notice should be provided to the clerk’s office.  For provincial property, the notification should be provided to the Ontario Attorney General.  Keep a copy of any notice letters sent along with proof of mailing (i.e. return receipt).

Occupier’s Liability: Examples

Many Occupier’s Liability claims involve slips, trips and falls, which frequently occur at malls, supermarkets, stores, roads, sidewalks, driveways and in homes. These occupier’s liability claims can be caused by a wide range of property hazards, and can lead to broken bones, fractures and concussions, in addition to other serious injuries. However, the Courts have been willing to impose liability under this statute for a wide variety of injuries, ranging from those sustained constructing building improvements, to allowing a problem gambler into a casino to sexual assault.

Common Property Hazards Include:

  • Uneven surfaces such as broken pavement or cracked cement, potholes or uneven doorway entrances
  • Accumulations of ice and snow
  • Poor lighting
  • Wet or waxed floor or spilled liquids that have not been cleaned
  • Any tripping hazards
  • Sudden unmarked changes in elevation
  • Unsafe or broken stairways or stairwells without handrails

The Takeaway For Occupiers?

It is your responsibility to ensure your property is safe and that you are taking reasonable steps to ensure the safety of those entering onto your property.

Were You Injured on Someone Else’s Property?

Personal injury cases are some of the most common cases in Canada. If you’ve been injured on someone else’s property, we can help.

Our Toronto and Hamilton personal injury lawyers provide confidential assessments to determine if your case has merit and if we can be of help. Michael Lesage has years of experience helping injured citizens get the compensation they deserve after an injury. Call 647-495-8995 if you or a loved one was injured on someone else’s property. Remember, there are no fees unless we win or settle your Occupiers’ Liability case.

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