Category: Slip and Fall

Even though when most people hear about a slip & fall accident in the city of Kitchener they think of something harmless which is rather a joke, the situation can get very serious. While it’s true that most of the cases only end up with damages on the ego of the victim, there are some incredibly severe injuries which could be suffered in an accident of this particular type. The prime example involves blows to the head and the respective brain trauma. It is also worth noting that spinal cord injuries are also an ever present danger when it comes to slip & fall accidents.

About Occupiers’ Liability Act

The act that governs this particular type of accidents is called the Occupiers’ Liability Act. It was consolidated back in 1990 on the 31^st of December and it hasn’t been amended ever since. This speaks to the stability and longevity of the act and the way that it serves the needs of the law. The act is obviously put together perfectly because the fact that it hasn’t been changed means that it serves the needs of the public. This is ultimately what’s most important in the legislation because every single law should be made out with the needs of society as its prime concern. On top of that the legislation should be versatile and flexible because the aforementioned needs change constantly. This means that the law should be able to meet the new demands of society or it would have to be changed. The fact that this particular Act hasn’t been changed for over 25 years clearly states that it is doing a great job adapting to the new trends and tendencies.

The law clearly defines who can be held liable in cases of this particular type – the occupier. The occupier is a term which could be interpreted as an owner or as a tenant, e.g. someone who has the legal responsibility to take care of the premise. A premise in the current act is considered any kind of construction which allows people to enter and stay on it. The accidents can occur while entering or while staying and for that matter even while leaving the premise.

The occupier owes the so called duty of care which requires him to do everything possible in order to provide reasonable safety for the people on his premises. The key term here is reasonable because it’s impossible to provide them with something beyond that. The act also recognizes that the liability can be limited if the person takes a willing risk even though he is well aware of the fact that it could lead to an accident. The solution is rather fair. However, after the accident, irrespective of whether you are the victim or on the other side, having a lawyer in your corner helps.

The city of Kitchener is located within the boundaries of the state of Ontario in Canada. This automatically suggests that the Provincial laws of Ontario are going to take preference over the governmental statutes set forth in the country of Canada. However, the important thing to know is that the variations are incredibly slight and they are unlikely to change a ruling. However, there are certain things that are different and personal injury lawyers should be careful not to get them confused.

One of the most common causes for a personal injury case is a slip and fall accident. There are a lot of interesting things in regard to the legal matter of the case. On first sight a slip and fall accident may seem like nothing that is concerned by the law because it apparently shows negligence on behalf of the injured because he didn’t watch his steps. However, there is general legal principle which lies within the provisions of the Common Law in Canada, which clearly stipulates that every owner or occupier, who is a tenant for the most parts, is legally required to take all the necessary precautions to ensure that his property does not cause harm to any third parties or other buildings. This is a fair solution but it has nothing to do with personal injury law.

This is where the more particular and precise Occupiers’ Liability Act comes into place. The regulations set forth in this particular law are fully enforceable in the state of Ontario and therefore in the city of Kitchener. The Occupiers’ Liability Act provides regulations which supersede the general duty of care which are derivative from the legal principle set forth in the Common Law. The behavior that the owner and respectively the occupiers owe pursuant to this act is more strict and wide. They must ensure that upon entering the establishment the clients are not going to get hurt. The same is in full force for the event in which they are leaving. As you can see the responsibilities and the duty of care are both wider and demand a particular behavior – the ensuring of precautions.

This is why if someone slips and falls in a commercial establishment, for instance, and there is no sign that alerts the customers of the possible dangers, the owner or the occupier are going to be fully liable for the damages that the injured party had to incur. It is important to note that loved ones of the injured can also file claims on behalf of him without having to be explicitly and particularly authorized to do so. This provision derives from the Family Act which allows family members to claim particular damages exclusively without authorization or power of attorney. It is best to talk with a legal firm to get an accurate evaluation on your case.