Accidents can occur anywhere, however, there is an expectation that when you are on premises it will be safe. There is a certain duty that property owners have to ensure that their property is safe for people to visit and frequent. The extent of responsibility a property owner has depends on what kind of property it is (commercial versus personal or governmental). Although specifics may vary, many of the Toronto premises liability requirements, in terms of establishing liability are still similar. A qualified premises liability lawyer can further explain this and more and can help you pursue damages in your premises liability case.
Ten Day Notice Period
One of the Toronto premises liability requirements to keep in mind is the 10-day notice period. For accidents that occur on property owned by the crown or that occur on city sidewalks or city streets, generally, there is a 10-day notice period. That means that a person has to give an appropriate form, a special notice for the government that a person has been involved in an accident.
If a person does not give that notice, their claim may be completely barred from the outset. That is an important thing to take into consideration with falls on public land. A premises liability lawyer will be able to tell a person relatively quickly whether their case requires them to provide that 10-day notice and help them meet that 10-day notice period.
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How the Type of Property Impacts a Claim
There are other types of properties, such as recreational trails or closed golf courses, where the standard of care, meaning the steps that a premises owner, occupier, or whoever maintains that property has to meet, can be much lower.
There are less Toronto premises liability requirements, and the property owners have to do less to maintain the premises than a typical property. It is much more difficult to prove that a person has a case when it comes to these types of property. A premises liability lawyer will be able to tell a person what types of properties that higher standard applies.
Lastly, most properties have a more common standard of care, where a person simply needs to show that the property was not maintained or inspected to a reasonable degree. If the party in possession of the property was negligent in keeping people safe, then they will be liable for resultant injuries.
Importance of Establishing Liability
A premises liability lawyer will first tell a person whether they have a case. If that person does have a case, they lawyer is going to preserve all evidence so that a person can actually prove they have a case, because there is a difference between having a case and being able to prove that a person has a case.
In the legal system, the only thing that matters is whether it can be proven that there is a case. With this in mind, premises liability lawyers will preserve all evidence, such as pictures of the hazards, measurements of the hazard, witness statements, and other things that show exactly how a person’s accident happened and why it was the fault of the premises’ owner, occupier, or the person or company maintaining the property.
Generally, unless a person has a premises liability lawyer, that person is not going to know what they are entitled to. If that person settles their case before seeking a legal opinion that person could be doing themselves an extreme disservice by getting pennies on the dollar for what they are actually owed, which is particularly important if a person has an injury that is going to last into the future. That individual may need this money to compensate in some way or another for the rest of their days.
Other Relevant Information
The first thing a premises liability lawyer needs to know is what the person’s injuries are and how much it affects a person’s life or work. Those are crucial pieces of information for a premises liability lawyer to know to understand what kind of case a person has and what kind of treatments and other needs a person may have in the short term.
The second thing a premises liability lawyer needs to know is what hazard caused a person’s injury and accident. That is crucial because they are going to look at that hazards and do an investigation to understand whether the person has a case and whether the person can prove that the premises owner, occupier, or the person or companies maintaining the premises is responsible for the person’s accident.
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Importance of An Attorney
A premises liability lawyer will analyze a person’s injuries as to what impact they have on a person’s work, home life, household chores, and future treatment needed. The lawyer is going to look at all of those aspects and other Toronto premises liability requirements, to determine how much a person’s claim is worth.
A premises liability lawyer will do the work in a person’s case so that that person can focus on what matters, which is trying to get better from his or her injuries. The premises liability lawyer will take on all of the stress and work that that person would otherwise have to do to prove that they have a case, to prove what the injuries are, and to prove how those injuries impact that person’s life.