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When a Slip and Fall accident or injury occurs on another person’s premise or property, the owner of the property may be at fault if it can be proved that their negligence or carelessness caused or contributed to your injuries.
In cases involving slip and fall accidents, plaintiffs must prove that the property owners either failed to maintain the premises or created unreasonably safe condition which caused the injury. They must by law keep visitors, patrons or customers reasonably safe while on their premises. A common concern is whether it matters where the slip and fall happened? Generally it does not matter unless you fell on municipality property. Our Oakville lawyers have handled a variety of occupier’s liability claims against retailers and residential home owners who have failed to protect its visitors from known and unreasonable dangers.
Our laws state that people that are the owners or occupiers or that have care and control over a property have an affirmative duty to make that property reasonably safe for people entering them by taking reasonable care to protect visitors from foreseeable harm. Occupiers or property owners in Oakville and its surrounding areas don’t necessarily have to act as “insurers” at virtually all times to keep their premises totally free from all hazards, but rather a standard of care requires that an owner or occupier take reasonable steps to keep his premises reasonably safe in the circumstances- meaning that each situation is different. This issue is not often easy to prove without access to the property owners’ maintenance documents or policies.
Common situations that give rise to Ontario and Oakville occupier liability situations can include negligent slippery floors, negligent garbage on floors, security problems, bar fights, exposure to hazardous material, robberies, crimes, inadequate lighting, explosions, fires, falling objects, sexual assault, uneven floor surfaces, shattering glass, wet floor surfaces, negligent behaviour or assault on a property, poorly marked changes in elevation, violence, slippery surfaces, broken sidewalks, dog bite injuries and broken steps. The issues of what are reasonably unsafe can be applied to many different circumstances.
Inattentive property owners or people that have care and control over a property or premise in Oakville have no excuse when they are aware of a hazard or should have been aware of any foreseeable dangers that coudl casue a trip and fall or slip and fall accident. Given that each case is decided on a case by case basis, owners and occupiers may bear different degrees of responsibility or duties to people who come onto their property, depending on how such people are categorized depending on the facts of the situation.
If you or a loved one has been injured as a result of a Slip and Fall accident it is important you speak to one of our personal injury lawyers. Our experienced lawyers will provide you with a no-obligation consultation .