The safety of property in Ontario is the responsibility of the owners or occupiers. They are obliged to ensure that their premises are reasonably free of hazards or dangers that could cause harm to others. Business establishments, private homeowners and even municipal governments have such obligations. While slip-and-fall incidents make up a significant number of civil claims against property owners every year, other hazards could cause serious injuries.
'Tis the time to be jolly, and alcohol is served at almost every social gathering in Ontario. Hosts and servers could land themselves in a lot of trouble if they allow a guest to overindulge and that person then causes injuries to someone else -- even after his or her departure. A host would be wise to keep a close eye on guests to not serve them past the point of intoxication to avoid being held liable in a premises liability lawsuit.
Property owners in Ontario have a duty to take reasonable care to keep their properties safe. Consumers visiting stores and couriers, repair technicians, delivery persons and babysitters visiting private residences must be protected from suffering injuries in slip-and-fall or other accidents. Property owners who fail to take due care might be held liable for damages.
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.
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.
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.
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.
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."
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.
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.