Uncleared snow, an icy walkway, spills, wet floors, poor lighting, lack of secure fencing, a broken handrail, loose floorboards—these are all hazardous conditions that can cause serious injuries. If you’re injured because of unsafe conditions on someone else's property, is the property owner liable for your injuries?
You may have a legal claim for compensation against the property owner. Ontario law requires an “occupier” to take steps to ensure their premises are safe. Let’s talk about “occupiers’ liability” and when a claim can be brought against a property owner for personal injury compensation.
If you have been injured and want to find out if you have a claim against a property owner, we welcome you to reach out to an Oshawa personal injury lawyer at Kelly Greenway Bruce today for a free case evaluation.
Understanding occupiers’ liability in Ontario
The Occupiers’ Liability Act imposes a legal duty on the “occupier” of a property to ensure that people are safe from harm when on the premises. An occupier who fails to meet that duty can be responsible for injuries that occur on their property.
We’ve used the term “occupier” a few times now. You may be wondering, who is an “occupier”? Ontario’s Occupiers’ Liability Act defines an occupier as including a person in physical possession of premises, and a person who has responsibility for and control over the condition of premises. An occupier can be the property owner, a tenant, a landlord, or some other person or company responsible for the property. There can be more than one occupier in a given case.
Determining who is responsible is not always straightforward. Depending on the circumstances, your legal claim may be against a business, a shopping centre, restaurant, school, hospital, hotel, residential home owner, a government agency, a maintenance company, or a property management company. It’s highly recommended that you consult with an Oshawa and Lindsay personal injury lawyer at our firm. We can review the facts, determine who should be named in your lawsuit, and help you file your claim.
Perfection is not the standard
The legal duty imposed on an occupier is not absolute. An occupier is not required to protect against every risk. The standard occupiers are held to is one of reasonableness. In other words, an occupier has a duty to take reasonable steps to make the premises reasonably safe. What is reasonable depends on the facts and varies case-by-case.
For example, imagine you break your ankle after you slip and fall due to uncleared snow and ice on someone else’s property. The occupier of the property is not automatically responsible for your injuries. Instead, an analysis of the facts is needed. Did the slip and fall happen at a busy retail store or a residential home? For how long was the snow and ice left uncleared? Did the property owner take steps to warn of the risk, or cordon off the snowy/icy area?
Proving a property owner is liable for injuries
To successfully hold an occupier liable for your injuries, you have to prove that the occupier was negligent. To prove fault, you must establish (1) that the occupier owed you a duty of care to keep the premises safe; (2) that the occupier failed to meet that duty; (3) that the occupier’s failure caused your injuries; and (4) that you suffered damages as a result of the injuries.
You will need compelling evidence to support your claim against the occupier. Key evidence in premises liability lawsuits may include:
photos and videos of the scene
surveillance footage of the incident itself
incident reports
eyewitness evidence
medical records
maintenance logs
contracts (e.g., agreement between property owner and a property manager hired to maintain the property or an independent contractor hired to remove snow)
In some cases, expert evidence is needed; an opinion from a medical expert or accident reconstructionist, for example, may be necessary to establish liability. An Oshawa slip and fall lawyer at Kelly Greenway Bruce can help you build a strong case. We can identify the proof you’ll need to prove liability and help gather and preserve evidence.
Meeting deadlines and pushing back against defences
The right to sue an occupier for injuries may be lost if the limitation period is missed. The general rule in personal injury cases is that the claim must be filed and served on the occupier within 2 years of the date of the incident. That limitation period is much shorter in certain types of slip and fall cases. For a slip and fall on private property, written notice must be given within 60 days of the incident. If the slip and fall occurred on municipal property, written notice has to be provided within 10 days.
An occupier may also be excused from liability if they can prove defences raised against your lawsuit. Common defences in premises liability lawsuits include voluntary assumption of risk, trespassing, waivers, and contributory negligence. For more details on these defences, you can check out this article from our slip and fall lawyers.
Connect With a Personal Injury Lawyer in Lindsay Today
Oshawa and Lindsay lawyers at Kelly Greenway Bruce can ensure that your legal rights are preserved and that you get fair compensation for pain and suffering, wage loss, medical bills, and more.
It’s important to connect with a personal injury lawyer in Oshawa or Lindsay immediately after receiving necessary medical attention so that you know your rights and options and don’t miss important deadlines to bring your premises liability claim.
For a free case evaluation, connect with an Oshawa and Lindsay slip and fall lawyer today.
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