At Advocai, we understand that slips, trips, and falls can result in both physical injuries and financial difficulties. These accidents can lead to costly medical treatments, lost income, and prolonged recovery periods, creating a significant burden. If you have been injured on someone else’s property due to unsafe conditions, you may be entitled to compensation. This financial support can be essential in covering your expenses and allowing you the necessary time to heal. However, to successfully claim compensation, it is important to first understand premises liability and how it applies to your situation.
What is Premises Liability?
Premises liability refers to the legal responsibility that property owners have to maintain a safe environment for visitors. In Ontario, this is governed by the Occupiers’ Liability Act, which requires property owners to take reasonable measures to prevent injuries caused by unsafe conditions. This law applies to a wide range of properties, including:
- Residential properties such as homes, condominiums, and apartment buildings
- Public spaces including sidewalks, parks, and community spaces
- Commercial establishments such as stores, restaurants, office buildings, and malls
- Public facilities including hospitals, schools, libraries, and recreational centers
Responsibilities of Property Owners
Property owners are not expected to eliminate every possible risk, but they are required to take reasonable steps to ensure their property is safe for visitors. Failure to meet these responsibilities may result in legal liability if a visitor is injured due to negligence. To comply with the law, property owners must:
- Conduct routine inspections and maintenance to prevent hazardous conditions
- Take prompt action to repair or remove dangers when they arise
- Provide adequate warnings about known hazards, such as wet floors or ongoing construction
- Restrict access to unsafe areas to prevent injuries
Common Premises Liability Accidents
While many assume that premises liability cases are primarily related to winter hazards such as icy sidewalks, accidents can happen at any time of year. Some of the most common incidents include:
- Slip and fall accidents caused by wet floors without proper signage, icy walkways that have not been adequately shoveled or salted, or spilled liquids left unattended
- Trip and fall accidents due to uneven pavement, loose carpeting, or cluttered walkways that create tripping hazards
- Parking lot accidents resulting from large potholes left unrepaired for extended periods, poor lighting that reduces visibility, or uncleared debris
- Recreational facility accidents occurring at playgrounds, swimming pools, or sports facilities where safety measures are not properly enforced
Examples of Unsafe Property Conditions
Certain hazardous conditions are frequently linked to premises liability claims, including:
- Cracked or uneven sidewalks that pose tripping hazards
- Icy or snow-covered surfaces that have not been properly cleared
- Poor lighting in hallways, stairwells, or parking lots that increases the risk of falls
- Malfunctioning elevators or broken staircases that can lead to serious injuries
Successful Premises Libability Cases
A successful premises liability case hinges on proving negligence, meaning that the property owner failed to uphold their legal duty to maintain a safe environment. To establish negligence, it must be demonstrated that the owner knew or should have known about a hazardous condition and failed to take reasonable steps to address it. This requires strong evidence, such as photographs or videos of the hazard, witness statements, maintenance records, and incident reports. Medical documentation linking the injury directly to the unsafe condition is also crucial in reinforcing the claim.
Several factors can influence the outcome of a premises liability case, including the nature of the property and the relationship between the injured party and the owner. For example, businesses that invite customers onto their premises, such as retail stores or restaurants, have a higher duty of care than private homeowners. Additionally, whether the injured party was lawfully on the property or trespassing can impact liability. Courts will also assess whether the injured party exercised reasonable caution, as contributory negligence—such as ignoring warning signs—may reduce compensation. With a strong legal strategy and compelling evidence, victims of premises liability accidents can hold negligent property owners accountable and secure the compensation they need to recover.
Injured on Unsafe Property?
If you have suffered an injury due to unsafe conditions on someone else’s property, you may have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. But beyond financial recovery, you deserve the time and space to heal—without the added stress of navigating a complex legal process.
At Advocai, we believe that your focus should be on what truly matters: your recovery and well-being. That’s why we take care of every detail, from gathering evidence to handling legal proceedings, so you don’t have to carry that burden alone. We are committed to putting people first, ensuring that you not only receive the compensation and justice you deserve but also that property owners are held accountable, preventing others from suffering the same harm.
Your safety matters. Your healing matters. Let us be your advocates.
Ready to find out more?
Contact us for more information about our services and to discuss your claim.