Property owners and managers owe a duty of care to ensure that lawful guests are not hurt by dangerous conditions on their land. If a property owner fails to keep you safe, you may be able to file suit against them for significant compensation.
However, premises liability lawsuits can be complicated and difficult to manage without guidance from a skilled personal injury lawyer. To improve your chances of successful recovery, work with a Sudbury premises liability lawyer who could build a strong legal case for fair compensation on your behalf.
What Could Justify a Premises Liability Claim?
Under the Occupiers’ Liability Act, owners and occupiers of private property must take steps to ensure that lawful visitors are “reasonably safe” from harm. However, it is important to note that any person engaging in criminal activity – a category which includes trespassers – is not owed this duty of care. A premises liability claim may also be unsuccessful if a lawful visitor knowingly assumed a risk of harm on the owner’s land.
A variety of conditions could constitute a violation of an owner’s duty to keep their property safe. Common examples of actionable hazards in premises liability cases include but are not limited to:
- Exposed wires
- Frayed carpeting
- Loose stair railings
- Puddles without signs warning visitors of the slippery surface
- Snow and ice left on walkways
Additionally, a hazard does not necessarily have to exist inside a building to serve as grounds for a property liability claim. Certain accidents that occur on trains, ships, or even airplanes may also fall under premises liability law.
However, property owners are not liable for hazards they could not reasonably foresee. A Sudbury lawyer could go into further detail about what circumstances may or may not give rise to a valid premises liability claim.
Notifying the Occupier
Recent changes to the Occupier’s Liability Act (OLA) require individuals injured on another person’s property to notify the occupier or owner of that land of their intent to sue. This notice must be given within 60 days of the property accident, otherwise a potential plaintiff would lose their right to pursue compensation from the occupier. A seasoned lawyer on our team could help ensure that proper notice is given in your case to protect your right to compensation.
Filing Suit for Municipal Property Accidents in Sudbury
Although it is possible to file a premises liability claim against a municipal entity in Ontario, there are a number of special limitations on these types of cases. For example, the Supreme Court of Canada ruled in Just vs. British Columbia that government agencies and authorities are not liable for accidents stemming from broad policy decisions. However, the government can be held liable under premises liability law for hazards stemming from the negligent provision of public services.
If you want to pursue litigation against a municipality in Ontario, the OLA gives you only 10 days following your accident to notify the municipality of your intent to sue. As such, it is crucial to seek immediate counsel from a skilled premises liability lawyer in your area for cases involving government entities.
Get in Touch with a Sudbury Premises Liability Lawyer Today
Whether you were injured due to exposed wire, unstable building fixtures, or a simple trip and fall, you may be suffering from physical pain as well as the financial burdens of paying for medical care. Fortunately, a Sudbury premises liability lawyer at our firm could help you understand your options for seeking compensation from responsible parties.
Expert legal guidance is often an essential part of a successful property accident case. To talk with legal counsel about your potential claim, call today.