A Guide To The Basics of Ontario Premises Liability

While slip and falls can subjectively look rather funny from the outside looking in, the injuries that can be sustained by the party that is falling are nothing to joke about. A whole number of potential injuries can occur, ranging from fractured bones to severe concussions.

Slip and falls generally occur more frequently during the winter months, but are not limited to any period of time since wet floors, broken tiles, and loose carpeting can also be responsible for a person’s fall and resulting injuries.Avoiding such dangerous conditions lies upon the property owner, which is why it is them who will may be held liable in the event of a slip and fall. And that is also where premises liability comes into play and only a Personal Injury Lawyer in Milton can help.They will represent on your behalf to ensure that if you are injured, the defendant compensates you for damages.

The Basic Concept of Premises Liability

In the event of an injury occurring on another person’s property, the injured may have basis to file a claim against the property owner or occupier. This right is awarded to the injured by the concept of premises liability which has, in part, been written down in the Occupiers’ Liability Act. The Act itself states that the owner or occupier of a property owes it to the public to keep their property safe and free of hazards so no one who enters has to put themselves at risk.

Most instances of applied premises liability are in connection with businesses, such as hotels, and stores, since such places are frequented by members of the public who expect to be safe of hazards in these environments. The most common sources of applied premises liability are:

• Lack of lighting at an entryway
• Loose tiling and floorboards
• Loose and torn rugs and carpeting
• Damaged sidewalks
• Lingering debris
• Damaged railings and/or stairs
• Lack of lighting in parking areas

It is important to understand that premises aren’t limited to buildings, but also extends to other properties such as planes, trains, vehicles, and ships. This means that, if unsafe conditions or lacking repairs lead to an injury or death, then it may be the property owner who will be met with a claim for compensation.

How Premises Liability Applies (Or Doesn’t Apply) to Criminals And Trespassers

When a trespasser enters a premise without obtaining permission from the occupier or owner of the property, then they, in doing so, accept the associated risk of injury. This ruling also extends to other criminals who are forcefully entering another’s property in order to pursue criminal activities, such as breaking and entering or vandalization.