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Whether an individual is hurt while shopping in a grocery store, at an amusement park, on a visit to an office building or any number of other locations, a good Toronto premises liability lawyer can explore the facts and pursue the financial recovery necessary for real healing.
FUNDAMENTAL CONCEPTS IN PREMISES LIABILITY LAW
The cornerstone idea in the law of premises liability is the basic proposition that there are situations in which a property owner can and should be held responsible for injuries experienced by visitors.
As such, a premises liability case is not terribly unlike other sorts of negligence-based matters in that plaintiffs are required to demonstrate that the defendant was possessed of a duty to those visiting the property, that the duty was in fact breached and that the breach was the direct cause of the losses alleged.
While the minds of many immediately turn to slip-and-fall scenarios when thinking of premises liability lawsuits, this practice area actually covers a broad range of injury situations, including those caused by:
However, the law also stipulates that someone’s own actions can impact their ability to hold a property owner liable for their injuries. For instance, if they suffered a head injury while running at the side of a swimming pool when it was wet after getting out of the pool, they may have a difficult time proving liability and negligence. This is because their own actions could be said to have caused the accident and injury.
Experienced premises liability lawyers in Toronto understand the nuances of the Occupiers’ Liability Act. When working with a Toronto premises liability lawyer, they will investigate their client’s case and assess the evidence to determine who is liable for their injuries dependent on their types of cases and what types of damages they may be able to recover.
DUTIES OWED BY PROPERTY OWNERS AND OCCUPIERS
In a very real sense, the owners and occupiers of property are deemed to have a legal duty to exhibit reasonable care so as to steer clear of acts and omissions likely to cause injuries to those who visit.
It is necessary for them to keep their premises in safe condition and prevent harm that would stem from dangers known to them or hazards of which they should have been aware. A duty to warn of known risks is also attributed to premises owners, though there is no requirement of absolute perfection when it comes to safety measure undertaken.
Generally speaking, the duties of owners and occupiers to visitors extend only to individuals who are lawfully on their property. A more limited duty of care is owed to those trespassing on the premises, those involved in the commission of a crime, those making use of utility rights of way or private roads and those using certain types of rural land.
WHO CAN BE CONSIDERED AN OWNER OR OCCUPIER
When it comes to assigning a duty to maintain property in a safe condition for visitors, it is necessary to clearly define who may rightly be thought of as an owner or occupier for that purpose. This analysis aids injury victims in identifying appropriate targets in their quest for fair compensation.
As provided by the Occupiers’ Liability Act, R.S.O. 1990, c. O.2, “occupiers” in the premises liability context may encompass anyone who maintains physical control or oversight of a given property or anyone placed in charge of granting entry upon it. Individuals in this category could include: