Under Ontario’s Occupiers’ Liability Act, property owners and those occupying a property are required to keep that property in safe condition for all those that enter into it. The Act applies to not only homeowners, but also tenants, businesses, and institutions such as hospitals and municipal buildings.
When a person enters onto someone else’s property and becomes injured due to an unsafe condition on that property, they may be able to claim compensation for those injuries. In order to do so, however, they will need to speak to an experienced personal injury lawyer that can help them with their case. Contact a London, Ontario premises liability lawyer right away to begin your claim.
Our premises liability lawyers can meet with you in London for a free initial consultation. Call (416) 364-2000
Homeowners and Businesses
There are three types of individuals that may occupy a property. These are homeowners, businesses, and tenants. Of these, businesses are held to the highest standard for keeping people safe on their property. This includes ensuring any and all spills are cleaned up, keeping sidewalks and walkways free of ice and snow, and ensuring there is proper lighting in dark spaces such as parking lots. When there are dangers present, such as when work is being done overhead or when a walking surface is uneven, businesses are required to inform visitors to their property with proper signage.
While homeowners are just as responsible for keeping people safe when they enter the property, in most cases, civil suits filed against a homeowner deal with three main types of hazards. These are:
- Unsafe walking surfaces, such as snow and ice that has not been removed
- Excessive drinking which leads to unsafe conditions the homeowner should have been aware of
- Drowning accidents
While things such as leaving objects in walkways and uneven surfaces can certainly be present and cause harm in a private home, these cases are much rarer and can be more difficult to prove in court. When an individual believes this is the kind of case they are dealing with, it is important they speak to a premises liability lawyer in London that can help them prove their case.
London Premises Liability Lawyer Near Me (416) 364-2000
Tenancy can often pose a great deal of questions when it comes to premises liability. Because the property is owned by a landlord that generally does not live there, and is occupied by a tenant that does not own the property, it can be difficult to know who to hold liable should an individual be hurt on the property.
In most cases, it is the landlord that is responsible for any harm an individual experiences while on the property but this, of course, depends on how the hazard or disrepair originated. This is because landlord should know about dangers that are present and should take care of them. Tenants are responsible for defects or disrepair created by the tenant.
In cases where the tenant has informed the landlord of the danger and the landlord has not yet taken the proper steps to correct it, the landlord could be found liable. Also, when an individual is hurt in a common area such as a lobby, and no tenant is responsible for maintaining that area, the landlord could also be held responsible.
How a London, Ontario Premises Liability Lawyer Can Help
Premises liability cases are not always as clear as they may seem. Those accused of liability will try to build a great defense in order to avoid paying compensation. It is for this reason that it is so crucial that if you have been injured on someone else’s property, you speak to an experienced London premises liability lawyer that can help. These cases can quickly become complicated, and a lawyer will fight to protect your rights.