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Premises Liability Archives

Can municipalities be sued after slips and falls on city streets?

Anyone who walks around the streets of cities in Ontario must take reasonable care to prevent slipping or tripping. However, if walking surfaces are hazardous, some of the responsibility to avoid slips and falls is carried by the municipality. Just like the occupiers of private or commercial premises, cities have a duty of care to the public.

Injuries on municipal property must be reported promptly

Ontario residents know how dangerous it can be when walking in the harsh winter, and many have to suffer the consequences of slip-and-fall accidents in the aftermath of the snowy season every year. Municipalities are responsible for the maintenance of sidewalks and roads, and if they do not live up to those expectations, falls resulting in serious injuries can occur. However, injured victims must report the incident to the municipality within 10 days if they want to hold the city responsible for damages.

Was the one who caused your injuries a "reasonable person?"

Property owners in Ontario carry the responsibility of providing safe surroundings for any visitors who legally enter their premises. When dangerous situations cause injuries, the victim may pursue financial relief by filing a premises liability lawsuit against the property owner. The court will then consider whether the property owner caused harm to the plaintiff and whether it was due to carelessness or was unintentional. To make such a determination, the reasonable person standard will be applied.

Legal counsel essential after slip-and-fall injuries

Did you slip and fall on the property of a private homeowner, a business or the premises of an Ontario municipal government? Negligence on the part of property owners could make them liable for the injuries you suffered in such accidents. However, accusing property owners of failing to keep their properties free of hazards and challenging them in the court might be intimidating.

Slips and falls on Ontario sidewalks -- who is liable?

City bylaws in Ontario make clearing snow on the sidewalks adjacent to homes the responsibility of property owners. Does this responsibility also make homeowners liable for injuries suffered by victims of slips and falls on the sidewalks? An Ontario Court of Appeals says "No."

Pain and suffering may be recoverable after slip-and-fall

Falls are not only common causes of workplace injuries, but slip-and-fall accidents are the subject of numerous civil lawsuits every year. Individuals in Ontario who have to cope with pain and suffering after falling in a public area may find comfort knowing that they may have grounds to file a premises liability lawsuit against the property owner. Monetary damages may be claimed if the accident was caused by the negligence of a property owner, tenant or another occupier of the property.

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

Car accidents: 2 dead in Haliburton County

A paramedic from Toronto and his romantic partner were both killed in a tragic crash in Haliburton County on the afternoon of July 15. Ontario Provincial Police, who typically head up investigations into fatal car accidents on provincial highways, have not filed charges against the driver of a vehicle they say crashed into a group of motorcyclists. The highway has since been reopened in the wake of an hours-long police investigation. 

Man hospitalized with injuries after bricks fall on him

No matter how much caution a person exercises, it is impossible to avoid a hazard one cannot see or anticipate. Citizens of Ontario can only trust that property owners take all reasonable precautions to keep their premises as safe as possible. A man suffered serious injuries outside a Toronto restaurant recently, in what could be a premises liability case.

Elevator-related injuries reaching new heights in Ontario

Nearly half of Canada's elevators are found in Ontario. Many people ride elevators every day when they shop, go to work or make their way to and from their home in an apartment building or condominium tower. Most users probably seldom give the mechanical conveyance a second thought. Recently released data, however, shows that elevators are causing more and more injuries every year.

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