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Premises Liability Lawyer Toronto

  • We are a personal injury law firm you can trust – serving all of Ontario.
  • We offer services in 中文 , Spanish, Portuguese, Arabic, English, and many other languages.
  • We fight for your compensation and we don’t get paid until you do.
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Suppose you suffered an injury while on someone else’s property. According to the premises liability law, you may be entitled to compensation to cover the damages you suffered. However, you must prove the property owner’s negligence. Our experienced premises liability lawyers can help. We help Canadians seek fair and sufficient financial compensation even in complex premises liability claims.

Whether you got hurt while in an amusement park, an office building, or while shopping in a local grocery store, you may entitled to compensation. Our Toronto premises liability lawyers will explore the facts and assess the circumstances surrounding the incident that caused your injuries. Based on these facts and credible evidence, we will pursue the financial compensation you deserve.

Premises Liability Law – Key Concepts

The fundamental principle in Canada’s premises liability law is the proposition that there are circumstances where a property owner can be held responsible for the injuries that workers and visitors experience. As such, premises liability lawsuits are like most negligence-based cases.

Thus, you (the plaintiff) must prove that the defendant (property owner) had a legal responsibility to the people visiting the premises. Also, you must provide credible evidence to demonstrate that the property owner breached that duty of reasonable care and, as a result, you suffered injuries (and other related losses).

Remember, these cases are complex, and proving negligence won’t be easy unless you have an experienced lawyer to hold the property owner liable for negligence. The most common accidents associated with premises liability cases involve slips and falls. However, premises liability cases cover a broad range of injuries, including those caused by:

  • Poor lighting in private homes and surrounding outdoor areas
  • Neglected maintenance of stairways and other areas in apartment buildings
  • Cracked walkways, sidewalks, and private roads
  • Improper maintenance of elevators and escalators
  • Amusement park accidents
  • Sports ground mishaps
  • Improper maintenance of parking lots and swimming pool facilities

Similarly, a property owner can be held liable for damages in accidents that occur due to unsafe conditions in a swimming pool area, balcony collapse, and even mercury poisoning. Animal attacks on private properties or any hazardous condition in a facility could result in a premises liability claim.

Establishing Liability in a Premises Liability Case

The Occupier’s Liability Act addresses liability in all cases involving on-premises injuries in Ontario. This law defines an occupier as an individual in physical possession of a certain property like a homeowner. It can also be someone who has the duty to keep a property safe such as a landlord or property manager. Remember, our experienced personal injury lawyer can help determine the rights of individuals in a commercial property case and those in private property cases.

According to the law, an occupier owes all people who enter onto their property the highest duty of care. Thus, the property owner must maintain their premises safe. Failure to ensure reasonable property safety may mean the occupier will be held responsible for the injuries and other related damages.

For example, suppose someone slipped and fell on ice because there was no sand or salt applied on the premises. The property owner or occupier may be held responsible for that person’s injuries, particularly if the owner didn’t warn visitors of the dangerous condition.

It’s crucial to mention that your actions can negatively impact your ability to hold a property owner responsible for your injuries. For example, if you suffered a serious injury while running recklessly at the side of a well-maintained swimming pool, it may be challenging to prove negligence. This is because your actions may have contributed to the incident that caused your injuries.

Our skilled liability lawyers understand Ontario’s liability laws deeply. Thus, we can investigate the event that led to your injuries, assess the available evidence, and determine who should be held liable for your injuries. Also, we will determine the relevant type of claim to file and the amount of damages you may recover.

Occupiers’ and Property Owners’ Duty of Care

Property owners and occupiers have an important responsibility to ensure their premises are safe for visitors. This duty, known as the duty of care, requires them to take reasonable steps to prevent incidents that may cause injuries. They must maintain their property, fix potential hazards, and warn visitors of risks they know about. However, they don’t have to guarantee perfect safety.

The level of duty of care varies based on the visitor’s status. For lawful visitors, the duty is extensive, requiring owners to actively maintain a safe environment. For trespassers, the duty is less and focuses mainly on not intentionally harming them. However, special rules may apply to people who are legally using the property in specific ways, like utility workers or those accessing rural land.

Overall, the aim is to balance the safety of visitors with the rights of property owners. The law ensures commercial and private properties do not become sources of avoidable harm.

Who is Considered an Occupier or Owner?

An “occupier” or “owner” in the context of occupier’s liability is broadly defined to include various individuals or entities responsible for the condition of a property or the activities conducted on it. Under the Occupiers’ Liability Act, these terms are not limited to property owners alone but extend to anyone who exercises control over the premises. This may include individuals or entities such as:

  • Security firms
  • Property cleaning staff
  • Landlords or actual property owners
  • Ice and snow removal crews
  • Community group leaders
  • Tenants

These individuals or entities and their roles underscore the broad interpretation of “occupier” and “owner.” Thus, various parties could be accountable for maintaining a property’s safety and minimizing the risk of harm to visitors. Therefore, when accidents happen on these premises, and someone gets hurt, multiple parties could be held responsible for the damages.

Compensation in a Premises Liability Claim

Financial recovery or compensation in a premises liability claim plays a key role in providing relief to individuals who have suffered injuries due to negligent property maintenance or control. These injuries can range from minor to severe, potentially causing life-altering conditions and permanent disabilities. In such cases, the financial stakes are high, and the path to securing just compensation is complex but essential. It is, therefore, in your best interests to work with our experienced lawyers to get fair compensation.

Damages in Premises Liability Claims

Victims of ‘premises liability accidents’ may seek compensation for various damages, including:

  • Pain and suffering: This is compensation for the physical and emotional distress caused by the injuries.
  • Medical expenses: All costs related to medical treatment, including hospital stays, surgeries, medications, and future medical care, can be claimed.
  • Lost wages: If the injury has resulted in missed work or reduced earning capacity, compensation can cover these losses.
  • Therapy costs: Rehabilitation and therapy expenses are also recoverable to aid the victim’s recovery process.
  • Additional costs: Other potential damages might include loss of enjoyment of life, loss of consortium, and any other financial burdens imposed by the injury.

To effectively pursue these claims against negligent property owners, establishing liability is a critical and challenging step. It requires a thorough gathering of evidence, such as photographic documentation, medical records, and wage loss details. Furthermore, determining the long-term financial impact of the injuries is a complex but crucial aspect of building a solid case. That’s why an injured person needs an experienced lawyer.

The Role of Our Premises Liability Lawyer

Given the complexity of personal injury law, legal claims, and the entire litigation process, it’s paramount for injured parties to seek legal representation from a skilled lawyer. Such a professional has the competence to navigate the intricacies of these claims and ensure all aspects of the case are thoroughly addressed. An experienced lawyer will build a compelling case by leveraging a network of experts in various fields, such as medicine, engineering, and economics, to provide essential insights and testimonies.

Our legal team has the requisite knowledge and experience in premises liability claims to guide you through this challenging process. We are committed to advocating on your behalf and aim to secure the maximum compensation you deserve. With our comprehensive approach and dedication to your case, we strive to ensure that justice is served, as this can help you move forward from this challenging time in your life.

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If you have suffered injuries on another person’s property, let us help you in your quest for accountability and fair compensation. Schedule a free consultation.

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What Our Clients Say

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I would like to thank my powerhouse team, Joshua Goldberg. One word WOW! Joshua is amazing! He showed me empathy and honesty. He pushed so that i could get an handsome tort settlement. Even when i honestly did not expected anything he made it happened. Joshua is out of this world!
Zeta Bernard11 Month, 2023

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Awesome team very supportive during my accident. Joshua Goldberg and his team are fabulous i would recommend them to anyone who needs a personal injury lawyer 👍
Nisha Rathod11 Month, 2023

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Josh Goldberg is an amazing lawyer who I would highly recommended to anyone who has been in a car accident . He was very helpful the entire time I’m happy i met him he is the best ! 🙂
Brie Smith11 Month, 2023

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My lawyer, Joshua Goldberg, who handled my car accident case was very professional. He explained everything clearly and made sure that we were on the same page throughout the process, all the way through to the satisfactory conclusion.
Reza Mir11 Month, 2023