Any type of accident could leave you in a tragic situation, including accidents in the home.
When you go to someone else’s house, you’re putting your safety in their hands. It’s their responsibility to make sure that you are safe and comfortable under Ontario premises liability law.
Dealing With Premises Liability
If you get hurt at someone else’s home or on their property, they take personal liability if your injuries are serious. This is legally known as premises liability or occupiers’ liability.
From the minute you enter someone’s home, they are responsible for your well being. If they break this bond of trust, they take legal responsibility.
When you sue someone for injuries on their property, you sue them for negligence. Find out what you can do if this happens to you.
The Ontario Occupiers’ Liability Act
Under the Ontario Occupiers’ Liability Act, it’s the duty of the property owner or resident to make sure that anyone entering their property is safe. This includes any personal property that the visitor brings with them.
For example, if you are visiting someone and their house is under renovation, they are required to remove any hazards from the area you’ll be in or warn you about dangerous objects such as protruding nails.
If you’re visiting someone who rents their property, their landlord is also equally responsible for providing adequate warning about the hazards or dangers on the premises. However, if the injury comes from something the tenant could have prevented, the tenant is still responsible.
The exceptions to this law apply if the visitor is trespassing, committing a crime, or has entered a rural area or trail. When you enter a rural area as a visitor, such as a country property with orchards, pastures, or forest, you are assuming all risks and take full responsibility for your own safety.
Injuries on Non-Residential Property
The concept of premises liability in Ontario also applies to non-residential places, like restaurants, amusement parks, schools, parking lots, and shopping centres.
Improper maintenance is the most common cause for accidents on these property types. However, there are many more types of incidents that could happen, such as violence from other visitors, physical hazards, or violation of safety codes.
When you are paying to get into an establishment or buy a service there, you are putting your own safety into their hands and assuming that they’ve taken precautions for you.
Most business owners or facility owners are required to install signs warning guests of any dangers or hazards they might encounter. If adequate signage is not available, the property owners are responsible for any injuries a guest suffers.
The only time that liability does not apply is when you enter a recreational building or property that does not charge an entrance fee. Anyone who enters a free recreational property automatically assumes any risks during their time on that property.
Slip and Fall Injury Claims
The most common type of injury on someone else’s property are slip and fall injuries.
When you go to someone else’s home, they are legally required to warn you of any hazardous conditions that could impact your health or safety. This could be anything from a loose floorboard to an unshoveled set of stairs.
Failure to remove snow or ice properly could also be a major factor when you’re visiting someone. If you slip and fall on ice because they didn’t shovel their driveway, they were being negligent.
Lear more about Slip and fall on Ice.
If the property owner fails to warn you about these hazards, and you hurt yourself, you can sue them in a tort claim.
Other Common Premises Liability Injury Claims
There are so many ways that you could hurt yourself on someone else’s property. Accidents in the home are common, even on your own property.
Inadequate lighting, failure to clean up debris or spills, or uneven walking spaces could all contribute to personal injury cases.
Infrastructure issues are another major factor for household injuries. If you go to someone’s house and they have loose floorboards or broken stairs, these need to be addressed.
There are extra risks involved if the property you’re visiting has a pool.
What do I need to File a Personal Injury Claim for Premises Liability?
Like any personal injury claim, you need to keep as much evidence as you can. In a civil lawsuit for negligence, the defendant has to prove beyond a reasonable doubt that they weren’t at fault.
You’re going to have to prove in court that the injury was not caused by your own recklessness or negligence. You could be held responsible for your own accident if it could not have been reasonably predicted or foreseen by the property owner.
The best way to do this is to collect photographs at the time the injury happens. Photographs will show the surrounding area and the hazard or condition that caused your injury.
The issue here is that photographs are not always possible, so you’ll need to keep other records on hand. Keep all of your medical records, doctors’ notes, receipts from anything you bought for your injury, and time away from work records.
Having a witness on your side who was there at the time is also a major bonus in court.
Trust an Experienced Personal Injury Lawyer to Get You The Settlement You Deserve
Conte & Associates are personal injury lawyers in the Whitby and Oshawa area who will fight aggressively for you. We understand the pain you’re going through. We can help you get the settlement you need to get your life back on track.
Don’t let someone else’s negligence leave you suffering. We work with the most experienced medical professionals to help you get what you deserve.
Contact us today for a free consultation