Premises Liability
Need a premises liability lawyer? MG Law is here when you’ve been hurt
Our premises liability lawyers have the experience to get you the compensation you deserve
Homeowners or property owners are legally responsible for keeping people safe and preventing injury on their property. People should be allowed to feel safe when visiting a friend, dropping something off for a neighbour or going shopping in town. That’s why Ontario has the Occupiers’ Liability Act. It dictates that every occupier of a property in Ontario is legally obligated to keep people reasonably safe from harm while they are on your property.
The most common accidents that occur under premises liability are slip and falls. However, sometimes the liability doesn’t come from a hazard on the property, but a hazard that you present, such as over-serving alcohol to an individual and them then injuring themselves.
If you’ve been injured on someone’s property due to negligence on their end, you may have a case. By contacting MG Law, we’ll be able to get all of the details needed, to best advise you how to proceed in getting the compensation you need. Let MG Law put our experience, knowledge and resources to work for you.
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In the case of premises liability, an occupier can be the person who owns the property, rents the property or manages the property. The Occupiers’ Liability Act doesn’t just protect people from private residences, it also protects people from businesses.
Locations where the occupier is responsible for people’s safety:
- Houses, apartments and condominiums
- Cottages, trailers & other vacation properties (learn more about how the Occupiers’ Liability Act applies to cottages here)
- Office buildings
- Factories
- Municipal & government roads, buildings and sidewalks
- Healthcare facilities & hospitals
- Retirement residences
- Hotels & motels
- Public & private schools
- Amusement parks & carnivals
- Parking lots
- Boats (learn more about boat safety here)
- And more!
In all of the above examples, it’s not just about keeping the property safe within the home or building. You must also keep the entirety of your property safe outside, including sidewalks, yards, driveways and alleyways.
In the case where you don’t own your property, but rent it, you can still be found liable. Landlords are required to maintain the property outside of your apartments, such as the grounds, stairways, and common areas. However, as a tenant, you are responsible for any hazards or injuries that occur in your apartment or any area that you are responsible for.
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Examples of when a property owner would be found liable
Below are some examples where you could prove premises liability and take someone to court for injuries caused:
- Failing to shovel snow or sprinkle salt on your sidewalk, pathway or driveway within a reasonable time
- Failing to clean up a spill or other wetness in a reasonable time
- Failing to clean up objects or mess that could present a danger to people walking past
- Uneven walking surfaces that cause someone to fall or trip
- Stairs, hallways or other throughways that are poorly maintained and therefore cause someone to injure themselves
- Poor or non-existent lighting that causes someone to injure themselves
- Drowning hazards, slip and fall hazards, or any other hazards that had no clear warning
- Providing alcohol or drugs to an individual that results in injury, such as over-serving
Examples of when a property owner would not be found liable
Below are some examples where the property owner would not be found liable for injuries sustained on their property:
- If someone knows about and willingly assumed the risks, for instance if someone signed a liability waiver. However, if you signed a liability waiver and then were injured by an unexpected hazard that should’ve been fixed by the owner, then the liability waiver becomes null.
- Trespassers
- Someone who enters with the intention of committing a crime or breaking the law
- On recreational properties where no fee is charged, such as parks, forests, wilderness areas, private roads, etc
- When the injury is caused by negligence from a private or independent contractor and the owner had no knowledge the job was not done properly
- Injuries that resulted from reckless or careless behaviour
Important steps to take when injured
It’s important to remember that injuries can take some time to present themselves. If you’ve been in a bad accident, it’s important to take these steps regardless of how you feel, as it may take a few days or weeks for the full extent of your injuries to become apparent.
Police reports are a valuable part of any court proceeding, so ensuring that the police have all the information you have available will reflect positively on your case.
Our premises liability lawyers will get you the premises liability compensation you deserve
MG Law handles all types of personal injury claims, including those related to breaches of Ontario’s Occupiers’ Liability Act. If you’ve suffered a serious personal injury or a guest of yours has suffered the same fate, trust our team of premises liability lawyers at MG Law.
Call 613-730-8460 to get your free consultation. Together, we’ll fight for the results you need, so you can get the compensation and care you require to heal.
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