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 31st 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.