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  • Premises Liability, Occupier’s Liability and Property Negligence: An Overview

    August 24, 2015

    All of us enter a property with the expectation that it is safe and that we will not suffer any injury in it. It is the property owner’s duty to maintain it in such a way that it remains safe. If there are hazards, adequate warning signs should be posted at the right spots. Failing this, the owner is liable and responsible for any incident/injury/accident that takes place on the premises. Hence a visitor who suffers an injury due to unsafe conditions on another person’s property can file a premises liability lawsuit.

    Some legal terms defined

    Premises: includes domestic and commercial buildings, land, temporary dwellings like caravans/mobile homes, laboratories, farms, spaces demarcated for animals, amusement parks, entertainment areas etc. The term “premises” also includes moving structures like aircraft, vehicles, vessels traveling on water.

    A Visitor: in legal terms, is anyone who is on the property temporarily, as an invitee or a licensee. In some states, a trespasser is also considered to be a visitor but any injury suffered by a trespasser falls under a different category and can expect only a lower standard of protection. Visitors may also be those who have entered the premises in the exercise of a right – for instance, police entering a suspect’s home.

    Tenants and Occupiers: If a property is rented/leased from an owner, it is presumed that the tenant is responsible for any injuries that happen to people during the tenancy/lessee-ship and this is known as occupier’s liability. However, if the defects or hazards existed before the tenant took over and if the landlord knowingly concealed them, then the liability falls upon the owner and this is considered to be property negligence. When landlords conduct repairs for the tenants, they should be done in a safe and satisfactory manner. Under Ontario law, property owners/occupiers owe all persons who enter their property a “duty of care.”

    Examples of situations where premises liability occurs

    Some common instances of premises liability include injury due to:

    • Open excavations
    • Slippery ground/floors
    • Uncleared snow/icy walkways
    • Insufficient lighting
    • Falling objects/debris
    • Uneven pavements/driveways
    • Furniture defects
    • Improperly secured carpets/mats/rugs
    • Animal/pet bites
    • Slip and fall accidents
    • Swimming pool accidents
    • Restaurant accidents
    • Retail store accidents
    • School-yard/playground injuries
    • Malls, grocery-store, apartment buildings, private homes accidents/injury

    What to do when you suffer an injury on another’s property 

    Slip and fall injury is the most common premises liability lawsuit that is filed against a property owner/occupier. If you suffer any kind of injury on another person’s property and it is clearly not due to your own fault/negligence, there are some clear steps to be followed:

    • Ensure that the incident/accident/injury is reported immediately to property owner, your insurers, personal injury lawyer and family doctor
    • Make a note of when and to whom reports were made
    • Get immediate medical attention. If you are incapacitated, family members must make the decisions
    • If you can, take pictures of the area
    • Keep all articles that were in your possession during the incident safe, especially your shoes if it is a slip and fall injury
    • Ensure that you make a note of any witnesses present and inform your attorney about them
    • If you are taken to a hospital, provide accurate information about the incident. Keep all reports/receipts.

    How we can help

    The period that instantly follows an accident/incident/injury can be the most vital in terms of determining the course of your premises liability claim. Often, in the throes of pain or heightened fear and emotions, people may make indiscreet statements that could affect the future of a case. Make an immediate call to our award-winning law-firm so that our personal injury lawyers can begin working on your case.

    Our no win no fee lawyers can safeguard your rights and ensure that you receive the best of legal representation and advice, resulting in a fair settlement of your claims in the Toronto courts. We believe that personal injury victims require immediate and comprehensive attention, which includes formulation of accident-reconstruction reports, medical consultations and forensic accounting of loss estimates.

    No obligation consultation

    We can arrange an immediate free, no-obligation consultation with our skilled, experienced, specialist personal injury lawyers. Our accident injury lawyer can schedule a meeting anywhere in Ontario according to your convenience, including weekends and home-visits. We don’t charge our clients any up-front fees till conclusion of the case.

    A consultation with our lawyers can help you to clear any doubts you have about your claim, ensure your rights are protected and secure a favorable outcome.

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

  • Premises Liability, Occupier’s Liability and Property Negligence: An Overview

    August 24, 2015

    All of us enter a property with the expectation that it is safe and that we will not suffer any injury in it. It is the property owner’s duty to maintain it in such a way that it remains safe. If there are hazards, adequate warning signs should be posted at the right spots. Failing this, the owner is liable and responsible for any incident/injury/accident that takes place on the premises. Hence a visitor who suffers an injury due to unsafe conditions on another person’s property can file a premises liability lawsuit.

    Some legal terms defined

    Premises: includes domestic and commercial buildings, land, temporary dwellings like caravans/mobile homes, laboratories, farms, spaces demarcated for animals, amusement parks, entertainment areas etc. The term “premises” also includes moving structures like aircraft, vehicles, vessels traveling on water.

    A Visitor: in legal terms, is anyone who is on the property temporarily, as an invitee or a licensee. In some states, a trespasser is also considered to be a visitor but any injury suffered by a trespasser falls under a different category and can expect only a lower standard of protection. Visitors may also be those who have entered the premises in the exercise of a right – for instance, police entering a suspect’s home.

    Tenants and Occupiers: If a property is rented/leased from an owner, it is presumed that the tenant is responsible for any injuries that happen to people during the tenancy/lessee-ship and this is known as occupier’s liability. However, if the defects or hazards existed before the tenant took over and if the landlord knowingly concealed them, then the liability falls upon the owner and this is considered to be property negligence. When landlords conduct repairs for the tenants, they should be done in a safe and satisfactory manner. Under Ontario law, property owners/occupiers owe all persons who enter their property a “duty of care.”

    Examples of situations where premises liability occurs

    Some common instances of premises liability include injury due to:

    • Open excavations
    • Slippery ground/floors
    • Uncleared snow/icy walkways
    • Insufficient lighting
    • Falling objects/debris
    • Uneven pavements/driveways
    • Furniture defects
    • Improperly secured carpets/mats/rugs
    • Animal/pet bites
    • Slip and fall accidents
    • Swimming pool accidents
    • Restaurant accidents
    • Retail store accidents
    • School-yard/playground injuries
    • Malls, grocery-store, apartment buildings, private homes accidents/injury

    What to do when you suffer an injury on another’s property 

    Slip and fall injury is the most common premises liability lawsuit that is filed against a property owner/occupier. If you suffer any kind of injury on another person’s property and it is clearly not due to your own fault/negligence, there are some clear steps to be followed:

    • Ensure that the incident/accident/injury is reported immediately to property owner, your insurers, personal injury lawyer and family doctor
    • Make a note of when and to whom reports were made
    • Get immediate medical attention. If you are incapacitated, family members must make the decisions
    • If you can, take pictures of the area
    • Keep all articles that were in your possession during the incident safe, especially your shoes if it is a slip and fall injury
    • Ensure that you make a note of any witnesses present and inform your attorney about them
    • If you are taken to a hospital, provide accurate information about the incident. Keep all reports/receipts.

    How we can help

    The period that instantly follows an accident/incident/injury can be the most vital in terms of determining the course of your premises liability claim. Often, in the throes of pain or heightened fear and emotions, people may make indiscreet statements that could affect the future of a case. Make an immediate call to our award-winning law-firm so that our personal injury lawyers can begin working on your case.

    Our no win no fee lawyers can safeguard your rights and ensure that you receive the best of legal representation and advice, resulting in a fair settlement of your claims in the Toronto courts. We believe that personal injury victims require immediate and comprehensive attention, which includes formulation of accident-reconstruction reports, medical consultations and forensic accounting of loss estimates.

    No obligation consultation

    We can arrange an immediate free, no-obligation consultation with our skilled, experienced, specialist personal injury lawyers. Our accident injury lawyer can schedule a meeting anywhere in Ontario according to your convenience, including weekends and home-visits. We don’t charge our clients any up-front fees till conclusion of the case.

    A consultation with our lawyers can help you to clear any doubts you have about your claim, ensure your rights are protected and secure a favorable outcome.

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

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