The Canadian Institute for Health Information (CIHI) recorded more than 162,000 cases of unintentional slip and fall injuries in the country. The number of such cases may be even higher as most go unreported. However, a good lawyer can help you in case of slip and fall injuries.
Lawyers who sue police in Ontario Canada, are crucial in handling cases related to premises liability, ensuring that individuals injured in slip and fall incidents receive fair compensation for their injuries and losses. Therefore, if you find yourself or someone you know in such a situation, you must consider hiring a lawyer to represent your case.
Obligations of a property owner or occupier
Under premises liability provisions, the property owner can be legally held responsible for injuries caused to a visitor due to unsafe conditions. The concept of premises liability is that a visitor should reasonably expect to be safe when they are on someone else’s property.
In some cases, the tenant, i.e., the occupier of the property, may also be held responsible. The following are some examples of where a property owner or occupier can be held responsible for the user’s safety.
- Healthcare facilities and hospitals
- Restaurants and stores
- Private homes, backyard pools, etc.
- Amusement parks
- Public roads, sidewalks, and buildings
- Hotels and parking lots
- Apartments, offices, and factories.
The facility owner or occupier is obliged to take necessary measures to keep the residents and visitors safe on their property.
Understanding when a property owner may not be liable
In some cases, the property owner may not be charged with premises liability. The following are some exceptions.
- If someone willingly assumes the risk on your property, you won’t be held liable if you do not intentionally put someone in harm’s way. Moreover, if a person has signed a liability waiver, they cannot hold you responsible for injuries they sustained on your property.
- If someone has accessed your property to commit criminal activity, then they cannot hold you responsible for premises liability as they have willingly taken up the risk on the property.
- Moreover, if someone trespasses on your property, they cannot make premises liability claims for any damage as they willingly assumed the risk.
- If you are on a recreational premises that does not charge any admission fee, you are willingly assuming the risks on the property and hence cannot hold the owner liable for the injuries.
- If the negligence of an independent contractor causes the injuries you sustain, you cannot hold the owner of the property liable for the accident, as the contractor was expected to work responsibly.
Proving a premises liability case
To establish the owner’s liability in a premises liability case, a victim must prove four basic elements. The following are the four elements.
- The property where the accident occurred was owned, occupied, leased, or controlled by the defendant.
- The defendant failed to manage, maintain, or use the property properly and, hence, was negligent.
- The plaintiff sustained the injuries on the defendant’s premises.
- The defendant’s negligence was the primary reason for the injury to the plaintiff.
However, it is pertinent to mention that not all hazards can be attributed to premises liability. It relies on determining what a reasonable property owner would do in the accident circumstances. The law would also determine if the victim could have been more careful in avoiding the hazard.
Final thoughts
If you file and win a negligence suit for damages, you can be entitled to damage for loss in income, home maintenance expenses, medical expenses, and compensation for pain and suffering. However, proving the premise’s liability may be more challenging than one may think. Thus, it is always advisable to hire a lawyer to increase the chances of winning the compensation.