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There is an expectation that when you are on public property, that the property is well-maintained. However, sometimes individuals may fall and sustain injuries while on public property. In that situation, a person might want to call a lawyer in order to start pursuing a case. Cases involving public property often have very quick notice periods during which the person must provide notice to the government. This is true for property owned by the provincial government, as well as public sidewalks and streets. If you have sustained an injury on public property, talk to a Toronto public property liabilityย lawyer. ย Aย Toronto premises liability lawyerย can help you pursue damages and advocate for you.
Difference Between Liability On Public And Private Property
If the property is owned by the provincial crown,ย there isย potentially aย requiredย 10 dayย writtenย notice period,ย meaning that the personย has toย giveย the provincial crown notice that they are going to pursue action against them. Otherwise,ย the claim may be barred. There are further noticeย requirementsย as the personย getsย closer to filing their claim,ย and thoseย must also be adhered to. Thisย likelyย requiresย a consultation withย a Toronto public property liability lawyer to ensure thatย the person does not miss them.
When a person falls on a municipal roadway or a sidewalk,ย there is also aย 10 dayย notice period where the person must provide a writtenย noticeย to the municipality of the accident and their injuries,ย and that they may be pursuing a claim.ย Ifย the person missed that notice period,ย their claim may be barred.ย In municipal sidewalk and roadway cases,ย theย injuredย personย mustย prove that the municipality was grosslyย negligentย in causing the personโs injuries.
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Understanding An Occupierโs Duty Of Care
All property owners need to ensureย that they have taken reasonable steps to inspect their property for hazards,ย as well as reasonable steps to remove hazards on the property or otherwise makeย itย safe for visitors.ย Theย particulars ofย that duty of care will vary from case to case based onย how often the property is used,ย how the property is used, andย who usesย it. For example, a rural residential property will have a different duty of care than a retirement home or a mallย thatย has highย footย traffic.
Mostย citizens appreciate a system thatย holdsย parties responsible forย accidentsย they have caused,ย and respectย the needs ofย people whoย haveย suffered injuries and losses as a resultย of anotherโs negligence, tough on perpetrators and supportive ofย victims thatย is also true in premises liability cases where people whoย do not maintain their property to a reasonable degree could beย putting people,ย especially vulnerable membersย of our societyย like children, the elderly or the disabled,ย in a significant risk for injury or even death.
Recoverable Damages
The same general damages are available for injuries on public property as there are for injuries on private property. People who have suffered an injury are entitled to pain and suffering damages that correspond to the seriousness of their injury, how much the injury has impacted their life, and how long the injury lasts. If they have lost income or have been made less capable of earning income, the victim may be entitled to damages for loss of income in the past or in the future.
They may also be entitled to out-of-pocket expenses, including any money that they have had to spendย as a result ofย their injuries, such as expenses for medical treatment both in the past and medical treatment they may need in the future. If their ability to do their household chores has been diminished, they may also be entitled to damages for loss of housekeeping capacity. An inability to do housework is also compensableโnot just work the person does outside the home.
Evidence Needed
In order toย receive damages for a personal injury claim, the victim must be able to show that somebody else is responsible for their accident. In a premises liability case, that means a property owner, lessee, or somebody whoโs responsible for maintaining the propertyย has toย have done something that put the person in danger and caused the personโs accident.ย In order toย obtain full compensation, the person must also have evidence that they were injured.
This means that when the victim sees their doctor, they should tell them about everything that they are experiencing and make sure that the record accurately reflects their actual symptoms. It is also important, whenever possible, to preserve evidenceย in order toย ensure that they receive full compensation. This can include pictures of the personโs injuries, receipts for any amount of money that the person has spent, or notes about any money that they have lost. If you have sustained an injury on public property, speak with a Toronto public property liability lawyer who may be able to fight for a positive outcome for you.
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