Personal Injury Law
Occupiers’ Liability
Personal Injury Law
Occupiers’ Liability Lawyer
Under Canadian law, the occupier of the property can be held liable for any damage or injury suffered on their premises if it can be proven that they failed in their duty to ensure reasonable standards of safety at their premises. The injury must be significant, and you must prove the liability of the occupier in causing the injury. This is why it is crucial to have our experienced occupiers’ liability lawyer by your side from the very beginning of your claim. Take advantage of our ‘No Win, No Fee’ policy and engage the services of our personal injury team to ensure that you receive the compensation you deserve in your claim.
Our Personal Injury law services
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- Liability in Personal Injury
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Claims - Medical Malpractice
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- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
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(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What types of accidents or injuries fall under the purview of occupiers’ liability?
Not just accidents, even assaults in a location where crimes are prone to happen can lead to an occupier’s liability claim if there was a failure to provide enough security measures. Some of the common injuries leading to occupiers’ liability claims are as follows:
- Slip and fall injuries.
- Injury from a falling object, especially at a construction site.
- Accidents in recreational areas, such as a swimming pool or a playground.
- Inadequate safety or security measures leading to assaults or injuries, such as a dog bite from an unrestrained pet on the premises.
- Injury caused by the damaged stairwell or a malfunctioning elevator.
Who is the occupier according to the law?
It is important to note here that the definition of occupier does not apply solely to the owner of the property. As per the Occupiers’ Liability Act, the following persons fall under the legal definition of an occupier:
The person having the ownership or possession of the property.
- Landlords.
- Homeowners.
- Municipalities in case of public spaces.
- Business owners.
The person who is responsible for the condition of the property.
- Property managers and property management companies.
- Store managers.
- Tenants.
- Leaseholders.
Duty of Care:
The duty of care refers to the standard of care you are expected to meet as the person in charge of the property. Under Canadian law, this refers to the course of action a prudent and competent person would take under similar circumstances. If you are responsible for the property, then you need to ensure the following.
- Timely maintenance to prevent accidents. For example, fixing safety railings or broken stairs.
- Proper signage and warning notices.
- Enough security measures to prevent crime, especially in locations prone to crime.
- Implementing measures to avoid preventable mishaps. For example, installing safety railings on staircases.
- Taking measures to reduce risks posed by weather conditions like snow or rain.
What is the principle of contributory negligence?
Contributory negligence refers to the legal principle that, in a complicated personal injury case, multiple parties, including the victim, might have contributed to their injuries. The court will decide the extent to which the victim contributed to the injury and reduce the liability of the defendant accordingly. For example, if the victim ignored the warning signage because they were distracted by their mobile phone, they might be held 50% liable for the injury caused by the subsequent fall. The court will only award 50% of the requested compensation in this case.
What are some of the common causes of occupiers’ liability incidents?
- Poor lighting.
- Wet or slippery floors.
- Attacks from unrestrained dogs.
- Unsafe arrangements in the swimming pool or park.
- Debris in walkways.
- Uneven flooring or potholes.
- Broken stairs or railings.
- Malfunctioning or poorly maintained safety equipment, elevators, and escalators.
- Injury from a falling object.
How can our personal injury lawyer help you?
Our experienced personal injury lawyer can help you with your claim in the following manner.
Evaluating the validity of your claim:
Your lawyer will check whether your claim meets the requirements mentioned under the Occupiers’ Liability Act. For example, if you chose to ignore the warning signage leading to your slip-and-fall injury, you might not have a valid personal injury claim.
Building the case:
While you are recovering from your injuries, your lawyer will collect your medical records, CCTV footage, and witness statements to prove the liability of the defendant and to demonstrate the extent of your injuries, justifying your claim for compensation.
Negotiation and mediation:
Your lawyer will act on your behalf and negotiate with the insurance company represented by their lawyers. If possible, the matter may be settled through mediation rather than taking it to court.
Legal representation:
However, if it is not possible to settle the claim through negotiations, it might be necessary to initiate legal proceedings either against the defendant or the insurance firm. Your personal injury lawyer will represent you in court and ensure that you receive the full compensation you are entitled to.
How can an occupier protect themself from such claims?
If you are the owner, manager, or tenant of the property, you must meet the reasonable standard of care under the law to avoid liability in such cases. While it is impossible to foresee accidents and mishaps, you need to implement the best practices for the property under your care by doing the following.
Inspect regularly and fix all safety issues.
Inspect your premises on a regular basis for safety violations or hazards. Take remedial action to fix these issues. Ensure that all maintenance works are done on time.
Document all maintenance works and implementation of safety measures.
Maintain a proper record of the inspections, regular maintenance, repairs, and installation of the safety measures on your premises. For example, if safety equipment fails to work properly, it might cause injury to a visitor on your property. In this case, you can show from the records that you have been regular with the maintenance, and the manufacturer might be responsible for the malfunction.
Install proper signage and warning notices.
Ensure that you put up enough signage and warning notices in prominent locations to inform the visitors about the dangers ahead, such as slippery or wet floors. Make sure that proper lighting is available in the area. Whenever possible, cordon off areas where construction work is happening to avoid accidents and mishaps.
Implement measures to handle weather-related risks.
Take necessary measures to remove snow or to clear rainwater from the premises to reduce the chances of slip-and-fall injuries. Remember to place enough signage in such areas to warn the visitors of the danger.
Who can file the claim?
Typically, the injured victim filing the claim might fall into any of the following categories:
- Tenants
- Employees
- Visitors
- Guests
- Customers
- Delivery staff
- Trespassers, but only in specific cases.
In the case of a trespasser, the occupier’s duty of care will be held to a much lower standard. However, this varies from province to province. It is best to follow the advice of your personal injury lawyer in such cases.
We Can Help
If you are sure that your injury was caused by the negligent action of the property owner, get in touch with our legal team today for a consultation. Our experienced personal injury lawyers will check the validity of your occupiers’ liability claim and fight for just compensation on your behalf. If you cannot afford a personal injury lawyer, take advantage of our ‘No Win, No Fee’ offer and call us today for a free consultation.
Frequently Asked Questions
What is the difference between an occupier and an owner?
An occupier is a broader legal definition meant to cover not just the owner of the building, but the tenant or even the maintenance contractor, who is responsible for keeping the premises reasonably safe for anyone visiting the property. This can be a tenant, property manager, or even a store manager in the case of a commercial building. The owner, as the name suggests, is the person holding the legal ownership rights over the property. When multiple parties are involved in the case, for example, the building owner, the tenant, and the maintenance contractor, the court will decide on the liability and proportional distribution of the burden of compensation among them.
What is the statute of limitations on occupiers’ liability claims?
While in most cases, the statute of limitations is 2 years from the date of injury, this might not be the same across provinces. However, it is important that you give notice of your intention to file the claim within 10 days if the injury happened on government property. In the case of private property, the time limit for giving the notice is 60 days.
I did not see the warning signage placed near the wet floor. Do I have a valid claim against the landowner?
The validity of your claim depends entirely on the particular circumstances of your case. Canadian law operates under the principle of contributory negligence. This means that while you might have partially contributed to the injury, you might still be eligible to receive a reduced amount in compensation. Follow the advice of your personal injury lawyer before you proceed with the claim.
Does the occupiers’ liability apply to tenants or only to the owners?
The occupiers’ liability applies not just to the owners of the property where the injury happened. In fact, all the parties responsible for ensuring the safety and maintenance of the premises could be held liable for their failure. For example, if you were to slip and fall on the slippery ice floor, the owner of the building, the tenant living there, and the contractor tasked with the ice removal could all be held liable for the resulting injury.
How to prove the occupiers’ liability in court?
Proving the liability in a personal injury case requires the victim to prove that the defendant’s actions or their failure to act in providing the duty of care directly led to their injuries. If this direct causation is not established in court, the court is not likely to find the defendant liable. This is why you need to engage the services of our experienced personal injury lawyers to represent you in court from the very beginning.
What is the difference between negligence and occupiers’ liability?
Negligence refers to the broader legal principle holding the defendant responsible for their failure to meet their duty of care, thus directly causing the victim’s injury. The occupiers’ liability refers to the liability arising from an accident or injury to the victim at the premises, and the defendant’s failure to ensure a reasonable level of safety at the site. Depending on the particular circumstances of your case, your personal injury lawyer might be able to prove in court that the negligence of the defendant was the direct cause of your injuries and get you the compensation you deserve.
