While ice and snow threaten the lives of motorists in Ontario during the winter months, it also poses significant risks to pedestrians. Slip and fall accidents can occur suddenly and lead to premises liability claims.
Regardless of the season, risks are prevalent indoors as well.
While out shopping, potential dangers can arise from such causes as:
- spills and wet floors
- loose, damaged or unanchored rugs or carpets
- inadequate lighting on walkways
- missing handrails on staircases or steps
- failure to warn of hazards
Victims of such accidents can hold the occupiers or owners of the premises responsible if the negligence of the latter caused the dangerous conditions.
Property owners must maintain proper standard of care
The duty of care lies with the owners and occupiers of property, who are obligated to maintain a proper standard of maintenance and care.
Owners and occupiers must address all known hazards, and if they cannot rectify the defect immediately, they must post warning signs.
Both the registered owner and the lessee of premises could be liable.
Sometimes lease agreements transfer this responsibility to the tenant or occupier, but most lawyers will add both potential defendants until this is established.
Special standards for government users
Victims of slip and fall accidents resulting from a property owner or occupier’s negligence may pursue compensation for injuries suffered.
If the occupier is a user of municipal or government services, then special standards may apply and notices, which if not observed, could be fatal to a claim. Check with a lawyer immediately as municipal notice may be as short as seven days from the incident.
A skilled Ontario premises liability lawyer can navigate liability issues, identify the right parties to name as defendants in a lawsuit, and also use medical reports, witness testimony and other evidence to make a successful claim on behalf of the victim.
Learn more about our personal injury services including slip and falls.
