Slip and Falls in Stores and Malls

In Ontario, persons entering properties have protection under the Occupiers’ Liability Act. That Act states in part as follows:

Occupier’s duty

3. (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

(2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on the premises.

An Occupier is defined as follows:

“occupier” includes,

(a) a person who is in physical possession of premises, or

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,

despite the fact that there is more than one occupier of the same premises. Premises is defined as follows:

“premises” means lands and structures, or either of them, and includes,

(a) water,

(b) ships and vessels,

© trailers and portable structures designed or used for residence, business or shelter,

(d) trains, railway cars, vehicles and aircraft, except while in operation. When you fall or are injured on another’s property or premises, there may be legal responsibility on the part of owners and occupiers of the property. If the property (inside and outside the property) is unsafe and causes injury, owners and occupiers can be liable to pay compensation to the injury victim. The Occupiers Liability Act places a positive duty on property owners and occupiers such as house owners, business owners, contractors, property managers and tenants to maintain the property safe for users of the property at all times. If there are hazardous conditions on the property, steps must be taken to address the danger, including warning users of the danger on the property.

When an owner or occupier fails to take reasonable steps to ensure the property is safe by fulfilling their legal obligations such as maintaining the property and having a reasonable standard of maintenance and inspection, they can become liable to persons who are injured on the property.

All types of properties are covered by the Occupiers Liability Act such as homes, cottages, apartments, buildings, malls, stores, parks, restaurants, grocery stores, sidewalks, walkways, playgrounds, recreational facilities, etc…

Persons may be injured as a result of many different circumstances on the property such as slippery surfaces, falling objects, uneven surfaces, poor lighting, lack of handrails, objects in walkways or aisles, ice, snow, potholes, defective property etc…

The law in respect of occupiers and owners liability is complex and it requires a thorough knowledge of the statutory law and common law. The steps to investigate, assess and prosecute a claim for compensation in premises liability are significant. In many cases, assessing who is responsible for the accident can be complex and involve numerous persons who share responsibility.

Our lawyers complete a detailed investigation to determine who is at fault and assess all aspects of a persons injuries and losses.

There are limitation periods to adhere to in these cases and if an injury victim fails to adhere to the time lines, they can lose their claim.

The types of compensations that may be claimed in include pain and suffering damages (for loss of your enjoyment of life), loss of income, medical costs, rehabilitation costs, future care costs, past care costs, out of pocket expenses, housekeeping costs, homemaking costs and others,

If you have been injured in an accident on someone else’s property, please call us for a free consultation at 613-315-4878. We work on a contingency fee basis which means we don’t charge a fee until you win your case.

Ottawa Retail Store and Private Property Lawyers Ottawa Accident and Injury Lawyers 613-315-4878 mquinn@pqtaw.com