Premises liability is an area of law that holds property owners responsible for keeping those who enter the property safe at all times. Premises liability applies to owners of all types of property including residential and commercial.
In Canada, there are some exceptions to this law but for the most part, those who own or inhabit the property are responsible for the safety of all those that enter into it. When individuals enter another property and are hurt, they are required to prove that the property owner should have known about the hazard that injured them.
Proving this can be difficult in certain cases so it is important that individuals hire an Oshawa premises liability lawyer that can help them with their case. Skilled injury lawyers with experience in a variety of liability cases will be an injured individual’s best asset.
Our premises liability lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Types of Premises Liability Claims
Slip and falls are the most common Oshawa premises liability claim, but they are certainly not the only ones. Other common claims include:
- Obstructions and overhangs
- Poor lighting
- Inadequate security
- Dog bites
Oshawa Premises Liability Lawyer Near Me (416) 364-2000
Premises Liability and Negligence
Under the Ontario Occupiers’ Liability Act, property owners and/or residents of a property are required to keep those coming onto the property reasonably safe. When they fail to do so, they may be found negligent. Negligence is a legal concept that states that a person did not act in a reasonable manner to keep those around them safe. In order to determine that a property owner or resident has been negligent, it must be proven that another individual would have acted more reasonably.
There are instances in which negligence on the part of the property owner will not be taken into consideration. The first is when the person entering the property is doing so while committing a crime, such as trespassing. In these cases, the property owner does not owe the trespasser a duty of care. Another instance in which property owners do not owe visitors a duty of care is when visitors enter a rural area or a recreational trail. For instance, if an individual is visiting a friend who lives on an orchard, and that individual chooses to walk around the orchard while visiting, they will assume all risk while in the orchard, as it will be considered a rural area.
When individuals have been injured, and they are unsure as to whether or not they were to assume their own risk, they should speak to a premises liability lawyer in Oshawa. This can greatly increase their chances of receiving compensation for their injuries.
Tenants and Landlords
Because the law dictates that it is property owners that are responsible for keeping people safe on the property, questions often arise surrounding tenants, landlords, and who is responsible if someone becomes hurt on the property.
The answer depends on what caused the injury. If the injury was due to a hazard the landlord is responsible for, such as large holes in the driveway or loose floorboards, the landlord will be held responsible.
However, if the injury was due to a hazard the tenant was responsible for, such as steps that were not properly shoveled of snow, the tenant will be held responsible for any sustained injuries.
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Consulting with an Oshawa Premises Liability Lawyer
If you have been injured by while visiting someone else’s property, or while visiting a business such as a retail store, it is important to contact an Oshawa premises liability lawyer right away.
A lawyer will be able to explain all the different concepts of premises liability law, and they will fight hard to get you any compensation you may be eligible for.