Accidents happen every day, but when they happen on someone’s property due to negligence or carelessness, then someone should be held liable. However, premises liability is not as simple as someone getting hurt and someone else paying for their misfortune. Premises liability law is very complex, which is why anyone who has been injured through no fault of their own should seek out DWA LAW’s insurance & liability services in Hamilton.
On the flip side of the coin, if you are the property owner, it is important to know your rights as well. The Occupiers’ Liability Act outlines very clearly who is responsible in the case of serious injury, and it is not always the owner of the property. Landlords, security companies, and service companies, such as snow and ice removal companies, need to be aware of how personal injury cases can also affect them.
With this in mind, the following will look at the rights of serious injury victims as well as the rights of property owners. Let’s take a look at some premises liability cases and define what premises liability law covers in more detail.
What is Premises Liability Law?
Premises liability law is built around the concept that property owners should be held responsible for the safety of their buildings. This extends to homeowners, business owners, landlords, commercial property owners, industrial property owners, and in some cases, those who rent and assume safety responsibilities as part of their lease.
This is why a personal injury lawyer often handles premises liability cases because they involve demonstrating negligent behavior. Throughout a case, the premises liability lawyer is tasked with proving that the owner was in physical possession of the property and failed to fulfill their duty to keep their property safe for their “neighbour” as defined by the old English courts.
Due to the fact that accidents happen daily, premises liability cases can involve a myriad of situations, all of which have the potential to result in serious injuries. Some common examples of negligence and hazards include:
- Unsafe conditions in the workplace
- Unsafe construction zones
- Slips and falls
- Falling debris
- Slip and fall accidents
- Fire
- Snow and ice-related accidents
- Insufficient security
- Poor maintenance of properties
Property Owners Are Not the Only Liable Parties in Premises Liability Law
It is important to recognize that property owners are not the only parties that can be implicated in cases involving premises liability law.
According to the Occupiers’ Liability Act, the “occupier” who is responsible when serious injuries occur on a property can be the homeowner, the person in possession of the property, the person responsible for the safety of the property at the time (such as a retail manager), or a landlord.
This is why it is essential that a skilled premises liability lawyer is hired to represent an injured person because it can be difficult to navigate liability and determine the rights of the individual who has been seriously injured in both private property and commercial property cases.
The Occupiers’ Liability Act includes serious injuries that occurred in:
- Private parks
- Private parking lots
- Gyms
- Schoolyards
- Swimming pool accidents
- Nightclubs
- Playgrounds
- Malls, grocery stores, and other retail properties
- Apartment buildings
- Private homes
Statute of Limitations on Premises Liability Cases
It is important to note that a statute of limitations exists for personal injury cases, which is why it is so important to contact premise liability lawyers immediately after an injury occurs.
Many people wait until they realize they have a severe injury that impacts their lives a year or 18 months later, but in some instances, this may be too late. According to a 2020 amendment, in some instances plaintiffs only have 60 days to bring a premises liability case that involves serious injury. Therefore, if you suffer any type of injury as a result of a slip and fall accident, it is vital to reach out to an experienced on-premise law firm immediately. A law firm that specializes in insurance & liability services in Hamilton is your best ally following an accident on someone’s property.
What Constitutes a Strong Premises Liability Case?
If you can determine that a property owner did not take reasonable steps to prevent an accident, you may be entitled to fair compensation. From escalator accidents to car accidents to unsafe conditions in the workplace, it is vital you seek the help of personal injury lawyers so that the responsible party does not escape liability.
Some of the most common examples of suffering that may result from unsafe conditions include:
- Concussions
- Severe burns
- Traumatic brain injury
- Organ damage
- Nerve damage
- Skin infections
- Neck injuries
- Serious fractures
- Back injuries
- Lost wages
- Disfigurement
- Death
- Drowning hazards
- Toxic fumes
- Broken Bones
- Amusement park injuries
Those who are the victim of preventable accidents should seek compensation for their medical expenses, lost wages, and emotional stress. If the damage falls under the category of a foreseeable danger and reasonable care was not taken to prevent the accident, it is time to take action.
Not only will a lawsuit help make the property owner liable for damages and the injured person receive fair compensation for their suffering, but it will also prevent the dangerous condition from hurting someone else.
DWA LAW – Experienced Premises Liability Lawyers
If you or a loved one has suffered an injury as a result of someone else’s negligence, you could be entitled to compensation. In addition to premises liability cases, our other practice areas cover every aspect of personal injury law in Ontario, including motor vehicle accidents, medical malpractice, assault and more.
Our experienced lawyers will help you understand your rights and responsibilities in premises liability cases, and they can help you get the fair compensation you deserve. Contact us today to schedule a free consultation about your case.
