When an injury occurs on another’s property, sometimes the owner of the property is at fault. For example, the property owner may have failed to clean up a spill on the floor that led to a slip and fall injury. If you can prove the property owner’s negligence led to your injuries, you could be entitled to compensation for medical expenses and other damages. However, premises liability laws in Ontario are very complicated, which makes it difficult to prove your case. This is why working with a Chatham-Kent premises liability lawyer could be a big help. The lawyers at Greg Monforton & Partners know how to prove a premises liability case and can manage the legal process on your behalf. Our firm has been recognized by Best Lawyers® in the category of personal injury litigation since 2006.
At our firm, there is no fee for a consultation with our lawyers. The purpose of the consultation is to discuss your situation and your possible legal options. If you have a case and decide to pursue compensation, we will not charge for representing you unless you receive compensation.
Schedule a free consultation today by completing a Free Case Evaluation form.
What is a Premises Liability Case?
There are many situations that may give an injury victim grounds for a personal injury claim. These cases can involve injuries in a variety of public and private places, such as:
- Government buildings
- Shopping malls
- Parking lots
- Retail stores
- Amusement parks
- Sports venues
- Concert venues
- Public parks
- Office buildings
Premises liability injuries are caused by many obstacles, hazards or failures on the part of the property owner to take reasonable steps to help prevent injuries, including:
- Falling ceiling tiles
- Wet or slippery floors
- Damaged staircases
- Broken or non-existent railings on staircases
- Ice or snowy walkways
- Cracks, gaps or holes in the sidewalk
- Unsafe terrain in a parking lot
- Broken or malfunctioning elevators or escalators
- Poor lighting
- Lack of security, particularly at night
- Defective or malfunctioning amusement park rides
- Merchandise or boxes in walkways
- Damaged carpet
- Cracked tiles on the floor
These things can cause people to suffer severe or even life-threatening injuries from slips, trips or falls or attacks due to lack of security.
If you suffered an injury because of one of the situations mentioned above, or another situation not mentioned that occurred on another’s property, you should contact a lawyer to determine your potential legal options.
Our Chatham-Kent personal injury lawyers know how to determine if you can pursue compensation for your injuries. Schedule a free consultation so we can discuss what happened and how it may have been a result of negligence on the part of the property owner.
Ontario Occupiers’ Liability Act
Premises liability cases are governed by Ontario’s Occupiers’ Liability Act, which outlines the legal responsibilities of property owners for helping to prevent visitors from suffering injuries.
The law defines an occupier as:
- A person in possession of premises
- A person with responsibility and control over the condition of premises or activities taking place there, or control over the people allowed to go on the premises
The law says occupiers of premises owe a duty of care to take reasonable steps to help ensure that visitors and the property they bring on the premises are reasonably safe while on the premises. This duty applies whether the danger is caused by the condition of the property or an activity done on the premises.
There are a variety of actions that could be considered reasonable steps, such as:
- Cleaning up a spill in a reasonable amount of time
- Ensuring there is adequate lighting
- Inspecting the premises for hazards
- Cleaning up debris in a reasonable amount of time
- Fixing damaged staircases
- Scraping away ice on walkways
- Putting warning signs about hazards
- Having security guards, particularly at night
However, there are exceptions to this duty of care. For example, it does not apply when it comes to risks willingly assumed by the visitor who enters the premises. In these situations, the occupier of the premises owes a duty to not create dangers through deliberate intent to do harm or damage and to not act with reckless disregard for the presence of visitors on the property.
There are also exceptions for criminal activity and trespassing. If you are on the premises with the intent to commit a crime, you will be deemed to have willingly accepted the risks of injury on the property. There is a similar exception for trespassing.
There are also certain types of property that have known risks, such as hockey arenas. For example, when you enter a hockey arena, you know that you could get hit by a puck. Other types of properties like this could include:
- Unopened road allowances
- Private roads that are reasonably marked that way
- Recreational trails that are reasonably marked
- Golf courses that are not open for playing
- Rural premises that are vacant or undeveloped
Proving that a property owner is liable is complicated. This is why it helps to have an experienced lawyer on your side. The premises liability lawyers in Chatham-Kent at Greg Monforton & Partners have detailed knowledge of the Occupiers’ Liability Act and how to apply it to the specifics of your case.
We can conduct an in-depth investigation of your situation to determine what happened and what could have been done differently by the property owner to prevent your injuries.
If you decide to take legal action and be represented by our firm, we can represent you on a contingency fee basis, which means you will not be charged for our services unless you receive compensation.
Contact our Chatham-Kent premises liability lawyers right now. Call (866) 320-4770.
Statute of Limitations for Premises Liability Claims
One of the benefits of meeting with a Chatham-Kent premises liability lawyer is that he or she can determine how you may be able to pursue compensation. For example, the owner of the property where you were injured may have insurance coverage for injuries that occur on the premises. Your lawyer may be able to pursue compensation from this policy for some of the damages you suffered.
However, there is a limited amount of time to pursue insurance compensation. This is why it is best to file a claim as soon as possible so you do not miss any deadlines imposed by the insurance company. If you miss a deadline, you could lose your right to pursue insurance compensation.
When you meet with an experienced lawyer, he or she can determine if this is an option. At Greg Monforton & Partners, we have many years of combined experience obtaining fair insurance compensation.
We will also be prepared to file a lawsuit if the insurance company will not offer fair compensation. Under Ontario law, personal injury claims, including premises liability claims, must be filed before the second anniversary of the day the claim was discovered, otherwise you may lose the ability to pursue compensation through a lawsuit.
If your premises liability accident occurred on public property, you may be able to file a lawsuit against a government employee or municipality. The Municipal Act requires you to provide written notice of your claim to the municipality less than 10 days from the accident. The notice must provide the date, time and location of the incident that caused your injury. You need to send the notice to the clerk of the specific municipality or the clerks of each municipality if the claim is against multiple municipalities.
Our Chatham-Kent premises liability lawyers can review your situation to determine the deadlines that apply to your claim and work to ensure things are filed on time. Contact our firm to learn more about the benefits of having a lawyer.
Contact a Trusted Chatham-Kent Premises Liability Lawyer
Premises liability claims often involve severe injuries that cause a variety of damages. If the damages are the result of the property owner’s negligence, you may be able to pursue compensation for these damages.
At Greg Monforton & Partners, we offer a free, no obligation legal consultation to determine your legal options. We can review your situation to determine if we can pursue legal action against the person or party that caused you to suffer an injury on their property.
You will not be charged for our services unless we are able to obtain compensation for your damages. We know how important compensation is as you attempt to move forward after a premises liability injury.
Call the firm today to learn more about how we might be able to help you. (866) 320-4770.