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.