Toronto Premises Liability Lawyer - Diamond and Diamond Lawyers
  • Friday, 17 April 2020

Toronto Premises Liability Lawyer

If you have been injured while visiting someone else’s property or premises, you may need to seek compensation from them. In that situation, our experienced premises liability team is here to act as your advocate. To deal with the business owner or homeowner and, if necessary, the court process.

We understand how to hold negligent property owners and occupiers to account. Including those who won’t engage with you, try to pay you less than they should or simply drag out the claims process.

Whether your injuries are as a result of a slip and fall, tripping over something, a dog bite or any other type of incident we will be able to help. Over the past 30 years, we have helped people like you to successfully claim compensation from the occupiers of retail outlets, entertainment venues, private homes, public buildings and other types of premises.

Premises liability lawyer in Toronto

Premises liability is a legal concept. It is used to determine who is liable when someone suffers a personal injury while visiting a property. Below is a more detailed explanation of what that means in reality.

The law says that the occupiers of a building or premises located in Ontario are required to keep people who enter that property reasonably safe from harm. So, when someone like you enters a premises or home, the commercial or private property owner, managers or tenants have a duty of care towards you. If you get hurt because of a failure on their part, they can be held liable.

This law means that you can seek monetary compensation from them. Enough money to pay for your treatment, rehabilitation, suffering, loss of earnings and additional expenses.

Provided that is that the accident has not occurred because of something that is out of the property occupiers ‘control. For example, if you were at a garden centre and a stray dog entered and bit you. This would almost certainly be regarded as a danger that could not have been foreseen and prevented by the owner/occupier. In that situation, they would likely have no case to answer.

Trespassing laws in Ontario are there to protect the interests of the owner rather than the trespasser. So, anyone who was injured while on someone’s premises without permission is rarely entitled to claim compensation from the property occupier or owner.

Types of accidents that are associated with premises liability cases

The list of accidents that could lead to your having a valid premises liability case, is a long one. As you can see from the list below premises liability accidents can happen for all kinds of reasons.

  •       Slips and falls as a result of poorly maintained or slippery surfaces
  •       Tripping over debris and things like rugs or loose floorboards
  •       Dog or animal attacks
  •       Accidents that occur because of poor lighting
  •       Being hit by falling objects
  •       Injuries caused by the owner not warning of a hazard
  •       Accidents caused by not following health and safety standards
  •       Falls that are the result of broken or missing railings
  •       Building code violations that lead to accidents
  •       Elevator accidents
  •       Swimming pool accidents 

Out of these, some of the most common types of accidents that occur in these kinds of cases are dog bites, swimming pool accidents, slip and fall accidents, defective property conditions, such as broken stairs or railings, loose floorboards or missing tiles, poor/missing lights at an entryway.

Does premises liability also apply to wrongful deaths?

Most of the time, premises liability does not apply to wrongful deaths. But there are a few exceptions to this. For example, if a child were to wander into someone’s private property, then fall into and drown in a pool that should have been fenced in, the laws surrounding premises liability will be relevant in some of those cases.

Negligent security

For some owners or occupiers of commercial premises, keeping visitors safe from harm extends to taking measures to ensure that you are not a victim of violence or crime while on their property. If someone gets into a fight in a nightclub and there are no guards, the chances are that the people who were attacked would have the right to make a claim. They would be categorised as victims of negligent security.

The same would be true if you were crushed by the crowd at a sporting event because there were not enough stewards on duty. Relatively few people realise that they can potentially claim compensation in these situations. But as negligence and personal injury experts, we have dealt with all kinds of cases including ones that involve negligent security. As a result, we will be able to quickly review your situation and explain to you what your options are.

Unkept and dangerous properties are a hazard to everyone

Buildings that are not properly maintained and land that is not looked after can also represent a hazard. This is the case for visitors, customers, passersby, employees and the community as a whole.

It is all too easy to trip over on an uneven surface. There is also a risk that stonework or tiles can fall on passersby or visitors. Or, if the fencing used to keep a guard dog out of the way during the day is in a state of poor repair, the dog could get out and bite someone. If a landowner has not fenced off a hole or has left hot ash un-supervised there is the potential for people to get hurt.

Again, we have experience in dealing with these types of situations. So, regardless of the circumstances, we will be able to assist you in finding the best way to secure compensation.

What evidence is needed to prove a business owner or homeowner is liable for an injury under premises liability?

You are going to have to prove that the accident was not your fault or that your actions did not play a part. So, the more evidence you have the better. That evidence can come in many forms. Including eyewitness accounts, medical reports, photos, wage slips, receipts for expenses and your recollection of the incident.

You also need to bear in mind that the other party will also have evidence to present. There is a lot to go through and it is all too easy for someone who is not familiar with the claims procedure to miss something important.

What’s the process of filing an unsafe premises claim?

You need to file your unsafe premises claim in a timely fashion. In most cases, within two years of the date of the incident.

The forms must be filled out correctly, with the evidence presented in the right format. All of this must then be filed with the correct organization. We will ensure that all of this is done promptly and correctly.

How can a Toronto Premises Liability Lawyer help me with my case?

We can help you in many ways. You can turn to us to quickly find out whether you have a valid case. If you have, we will explain your options to you.

Should you decide to pursue your case, a dedicated member of our team will take care of you from there. They will help you to identify sources of evidence and advise you how to gather it before it disappears.

Once that is done, they will file the claims paperwork and negotiate with the owner and attempt to settle things out of court. Should that not be possible, we will ensure your interests are properly represented in court. Thus, ensuring that you secure a fair level of compensation and do so as fast as possible.

FAQs 

  1. How long after an accident do I have to file a claim?

According to the Limitations Act you have up to two years after an accident, to file a claim. However, you need to bear in mind that preparing your file will take time. So, please speak to us as soon after the accident as you can. Plus, should Bill 118 be passed, you could end up with far less time to notify the premises ‘occupier of the incident.

  1. What if a contractor gets hurt on my property?

If a contractor gets hurt while working on your property, you could be held liable. It does not happen often but if someone does sue you the bill is likely to be a big one. So, it is best to be cautious and speak to a lawyer should that happen to you.

  1. Who is liable if I slip on ice?

If you slip on ice that should have been cleared, the person or organization that failed to clear it is usually liable. For example, if an entranceway has not been kept clear and you slip and fall you can sue for lost earnings and other expenses.

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