Whether you were hurt by a broken stair railing, loose floorboards, torn carpeting, or simply a spilled liquid, hazardous conditions on private or public property can form the basis of a successful civil claim. If someone’s failure to reasonably maintain their property caused you to suffer an otherwise avoidable injury, you may have a valid case for damages.
However, filing a lawsuit can be challenging without the professional help and guidance of an experienced personal injury lawyer from our team. In order to maximize your chances of success, you should retain the services of a skilled Collingwood premises liability lawyer as soon as possible.
The Occupiers’ Liability Act requires all property owners and managers in Ontario to maintain safe conditions on their premises to the highest reasonable degree. A property owner or manager who fails to uphold this legal obligation could be required to reimburse an injured person’s damages.
If you were injured on public property, you may have only 10 days to put the proper government entity on notice of your intent to sue. Additionally, under the Ontario Municipal Act of 2001, municipalities cannot be held liable for injuries sustained on public property unless the plaintiff can prove the municipality in question exhibited gross negligence in their maintenance of that property.
For example, buildup of ice and snow on public roadways and sidewalks is a common source of slip and fall incidents in our area. In order to hold a municipal entity liable for an injury related to such an incident, you and your Collingwood property liability lawyer would have to demonstrate that it failed to clear that hazard away in a timely manner.
Specifically, you would need to prove that entity knew or should have reasonably known about the hazard and did not take reasonable steps to address it in a timely fashion. You would also need to file suit against the municipality as a whole, since the Municipal Act exempts council members and municipal employees from personal civil liability under these kinds of circumstances.
The specific injuries and losses for which you may recover compensation depend on the circumstances of your accident and the level of care owed by the defendant. In most local premises liability claims, however, well-practiced lawyers can pursue damages on a plaintiff’s behalf for financial losses like past and future medical expenses, lost wages, costs associated with home maintenance, and diminished earning capacity. It may also be possible to recover non-economic damages like pain and suffering and loss of enjoyment of life.
Furthermore, state law allows family members of someone who is fatally injured in a property accident to recover compensation through a Family Law Act claim. However, eligibility for these damages varies based on the unique circumstances of each case, so it is best to explore your options with a seasoned legal advocate from our firm.
If you were injured on someone else’s property and are contending with the physical, emotional, and financial effects thereof, dedicated legal counsel is available to help you understand your options and pursue the one best suited to your situation. To discuss what you could do to recover from a careless landowner, call a Collingwood premises liability lawyer at Rastin Law today.