Property owners might have assets, but they are also subject to liability when a person suffers an injury while on their property. Diamond & Diamond’s occupier’s liability lawyers have extensive experience in acting on behalf of property owners and maintenance companies, tenants, and retailers in Canada.
We speak for individuals, corporations, renters, and property managers in personal injury claims and other risk mitigation issues. If you have a problem with your property, you need an occupier’s liability lawyer from Diamond & Diamond by your side.
Countering a personal injury claim can be difficult, especially for occupiers of commercial property where the general public can enter at will. The duties of a property owner in those cases are extensive and complex. When you hire our occupier’s liability lawyers, you have the full force of our team of experts behind you to help you win, regardless of whether someone alleges they have been injured from a slip and fall to psychological injuries.
We have the negotiating skills and knowledge of legal theories to mount an effective defence for you under every imaginable circumstance. Our practice in different provinces in Canada as occupier’s liability lawyers gives us an advantage over other law firms limited to practicing in one province and out of one office. We can win your case for you.
According to Ontario’s Occupiers’ Liability Act, a property owner or any other person with control of the premises has a duty to take reasonable steps to ensure that persons and property on their premises are safe from serious injuries and harm. The operative word here is “reasonable,” and we understand the many interpretations the word can have.
We have been on both sides of personal injury cases, and we have an excellent reputation as fierce advocates for our clients in either case. Our goal is to represent you to the full extent of the law, regardless of whether you are a resident of a property or a property owner. Nothing is tougher than a Diamond occupier’s liability lawyer.
A personal injury case or claim is complex and needs delicate handling by experienced lawyers with a thorough knowledge of Canadian tort law and the discovery process. The goal is to demonstrate that you have taken reasonable steps in the care and maintenance of the premises as required by law. That is what Diamond & Diamond can do for you.
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In Canada, occupier’s liability lawyers know that the onus of proof is on the claimant. In other words, the injured party must prove that the injury was a direct result of the occupier’s negligence. However, lawyers with less experience than our group have been known to mishandle cases, resulting in significant financial losses to their clients. The most common shortcomings of inexperienced lawyers include:
That will not happen when you have Diamond & Diamond occupier’s liability lawyers on your side.
There is no denying that the Occupiers’ Liability Act serves to protect the general public from negligent property owners, maintenance companies, and landlords. However, when occupiers of commercial property have taken reasonable precautions to ensure the safety of persons and property on their premises, they should not be subject to a civil claim. They need an experienced lawyer to fight against liability actions.
If the injured party believes they have a legal claim, they must prove it. Our lawyers will make every effort to ensure a civil claim does not award damages to the plaintiff.
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The occupier of premises can be at risk for occupier’s liability claims for some form of personal and serious injury. Diamond & Diamond has handled many successful cases for property owners, managers, retailers, and tenants. We have also negotiated settlements at the client’s request.
We can help you deal with the following claims in many locations in Ontario, Alberta, and British Columbia:
The law does not hold the building owner responsible under premises liability law for risks that they cannot anticipate. For example, if a dog wanders into a backyard during a children’s party without the homeowner’s knowledge and bites a child, the homeowner is not liable for the injury.
A trespasser or someone entering the premises to commit a criminal act assumes the risk of being injured. Similarly, the same holds true for activities, such as playing ice hockey at a skating rink. In such cases, the occupier is not liable for any personal injuries, which our occupier’s liability lawyers can help establish.
The experienced occupier’s liability lawyers of Diamond & Diamond can advise and advocate for property owners regarding property damage claims on their premises. We make a point to thoroughly investigate the circumstances around the event to build the best defence for the client. Our success in negotiating settlements and resolving claims makes us the top legal advocates in Toronto and other areas in Ontario, British Columbia, and Alberta
Property owners can mitigate their losses through homeowners’ and commercial general liability insurance, whereby the insurance company is supposed to cover the occupier’s liability claims. However, when insurers refuse to pay compensation on the basis that a particular claim is not included in the coverage, Diamond & Diamond is there to challenge the decision.
We regularly deal with insurance companies and thoroughly understand their jargon. When you have us on your side, you can be sure you will get the indemnity you deserve against the occupier’s liability claims.
It frequently happens that a commercial property owner hires independent contractors to perform maintenance on the premises. Under Section 6(1) of Ontario’s Occupiers’ Liability Act, the occupier is not liable for personal injuries or property damage occurring on the property if the cause was the failure of an independent contractor to correctly do their work. For instance, if someone slips and falls because the floor was wet and sustains injuries, the maintenance company contracted to clean the floors is supposed to be liable.
Suppose the independent contractor disputes their liability. In that case, a Diamond & Diamond lawyer can take on the issue and ensure that the independent contractor pays compensation to the injured party.
Dealing with an occupier’s liability claim can be stressful, especially if you have not been negligent in the duty of care you owe others. Schedule a free consultation with Diamond & Diamond lawyers today to assess your case. We can provide you with the best advice on the next steps and walk you through all your concerns and issues about personal injury or property damage claims.
We are here 24/7 to address your case. You can speak with a lawyer to request a consultation.1-800-567-HURT
A business owner owes a duty of care to invitees and contractual entrants, which are persons who pay to enter such premises as a theatre. Therefore, occupiers must have adequate sanitation and monitoring policies to ensure that visitors have reasonable protection. They must also have a clear system of alerting invitees to potential dangers of infection when entering the premises.
In the case of contractual entrants, the business owner must take extraordinary steps to prevent the spread of disease. This may include, but is not limited to, regular testing of staff members, wearing of masks, social distancing policies, and thorough disinfection of surfaces.
The most common hazards that could result in an occupier’s liability claim include:
Occupiers are liable for personal injuries when they fail to take reasonable steps to ensure the premises are safe for people and property. Some exceptions may apply, such as the case with trespassers and people that enter the premises with the intention of committing a crime.
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