Barrie Premises Liability Lawyer
When an individual enters onto the property of another individual, business or organization, they have the right to expect that they will remain safe on that property. But unfortunately, accidents do happen and often it is due to the fact that the property owner or occupier neglected to ensure that their premises were safe.
If you have been injured on someone else’s property, it is important to speak to a Barrie premises liability lawyer that can help you seek compensation for your injuries. A skilled personal injury lawyer with a knowledge of local laws can be essential help in building your claim.
Common Premises Liability Claims
The most common types of premises liability claims in Barrie are slips, trips, and falls on both private property and commercial property. Other involvements of premises liability claims include:
- Unsafe structures
- Ceilings that are falling or caving in
- Construction zones that have not taken measures to keep people out
- Lack of security
- Faulty escalators
- Improper lighting
- Dog and animal bites or attacks
When individuals have been injured on another person’s property, it is important that they speak to a premises liability lawyer in Barrie.
Individuals on a Property
According to the common law, there are three types of individuals that can enter onto a person’s property. They are invitees, licensees, and trespassers.
However, the Occupiers’ Liability Act has eliminated the common law differentiation and now focuses on the duty owed by “occupiers” to the public. According to the Occupiers’ Liability Act, the occupier of a property is responsible for keeping all individuals reasonably safe depending the on the type of premises. The occupiers’ duty, however, changes depending on the type of premises.
Prior to the Occupiers’ Liability Act coming into force, under the common law, invitees are individuals that have been invited onto a property for the property owner’s benefit. Customers visiting a store would be considered invitees of a business or store owner.
Licensees are individuals that have obtained the permission of the property owner to enter the property, even if they have not necessarily been invited. When a friend stops by another friend’s house for a social visit, they would be considered a licensee.
The responsibilities of the property owner are typically the same to invitees and licensees. Property owners must ensure that there are no hazards or risks to the person entering their property owner, or that they have warned the individual of any inherent risks. For instance, a store owner must advise customers of spills on the floor with proper signage and homeowners must advise those entering their home of certain risks, such as a loose banister along a staircase.
In the case of trespassers, property owners generally have very little legal responsibility to them, although in certain cases they do bear some. For instance, if a burglar was trying to break into a home and tripped on a loose stone in the driveway, the trespasser would not be able to sue the property owner for their injuries. This is true in most cases of trespassing.
The only exception to trespassers in premises liability law in Barrie is when there is an attractive nuisance on the property, such as a swimming pool. When there is an object on the property that could attract children, and the property owner has not tried to prevent an accident from happening, they could be held liable for any injuries incurred due to the object.
Swimming pools are the most common type of attractive nuisance, as they can pose a real threat to children when there is no gate or fence around them to keep children out.
Proving a Premises Liability Claim
There are two elements injured individuals must prove if they want to pursue a premises liability claim. Those are that the person they are filing the claim against is the owner of a property, or responsible for its proper maintenance.
The second element is proving that the owner or occupier failed or neglected to keep the property in a safe condition and that injuries were incurred as a result of that negligence.
Consulting with a Barrie Premises Liability Lawyer
Due to the increase of premises liability claims over the last several years, these lawsuits can be very difficult to prove in court. If you or a loved one has been injured on someone else’s property, it is important you speak to a Barrie premises liability lawyer that can help you with your claim.