The vast majority of us are familiar with the term 'personal injury', a phrase usually associated with a claim based on the negligence or misconduct of a person or organisation, which has caused injury to another person (the claimant). The injury can be physical, emotional and psychological and compensation may be recovered for economic and non-economic losses. For instance any expenses related to lost wages, medical bills, housekeeping and personal care expenses, compensation for pain and suffering and a reduced quality of life are just some of the claims one may recover.
Sometimes we encounter the unthinkable and as a result of an accident, injuries can occur that have a lifelong impact. A personal injury could be the result of a car accident, premises liability (slip and fall), manufacturers' liability, and medical malpractice – just to name a few. In the case of a slip and fall, an occupiers' liability claim is normally advanced against a property owner or occupier who was negligent in preventing an injury from happening on their property.
Ontario's Occupiers' Liability Act serves as the foundation for claims within the province and also requires occupiers to make provisions for informing the general public of any foreseen dangers.
The Right to Sue for Personal-Injury Claims in Ontario
Provincial laws hold owners and occupiers to a standard of reasonable care to maintain their: – Driveways; – Sidewalks/walkways; – Stairs; and – Private parking lots.
The most common hazards one might find in these areas are unploughed snow, inadequately signed mopped or waxed floors and stairways with missing handrails or broken steps. In any case, an occupier is legally obliged to take reasonable steps in learning of these potential hazards and provide a suitable remedy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
