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October 2017 Archives

Claiming pain and suffering can be a challenging legal endeavour

Under the Occupier's Liability Act, any property owner or occupier of premises or land in Ontario must take reasonable care to safeguard those lawfully entering the property. The critical phrase here is "reasonable care." While a landlord is not expected to clear away ice and snow all day long, leaving it to accumulate may not be reasonable. When the court determines liability in a premises liability lawsuit, it will establish whether the hazard was foreseeable and whether reasonable steps were taken to eliminate dangers that allegedly led to damages such as financial losses and pain and suffering

What is a tort claim and how is liability determined?

Whenever an Ontario person suffers injuries that are deemed to have been caused by another person, there will be a question of liability. When it comes to civil justice, liability is a word that will be used in a tort claim and also in a personal injury lawsuit. Liability arises from personal actions and, when it comes to tort laws, the typical concern is whether one person's careless, reckless or negligent actions caused harm to another.

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