Can property owners be held responsible to pay compensation if someone falls on their property and is injured?
The short answer is yes. Property owners must maintain their property safe. They have this obligation under the Occupier’s Liability Act of Ontario.
Quinn Thiele Mineault Grodzki LLP are Ottawa accident lawyers who focus their law practice on assisting injured persons recover compensation for injuries they sustain in accidents. Two common causes of injury cases our law firm handles are claims for compensation due to trip and falls or slip and falls on property. Falls on properties can be caused by a slips, trips, or other dangerous environments.
In all cases of injuries suffered due to falls, it is the injured person who must prove that the owner of the property was negligent, on a test called "balance of probabilities". If injured while on someone else’s property, it is important that evidence be gathered as soon as possible, such as photographs of the location of the fall showing the state of the property and the reason for the fall; obtaining the names and contact particulars of witnesses to the fall or witnesses as to the condition of the property is also important.
If negligence is proven, compensation must be paid. Our lawyers are very skilled and experienced in proving negligence and obtaining maximum compensation for injured persons.
Claims for falls on property are also called premise liability claims. Whether you fell as a result of being an invitee, a licensee or trespasser, the law protects persons from dangerous properties or premises. Owners of properties or premises must take reasonable steps to ensure their property – premises are reasonably safe for the persons expected to use the property or premises. The level of care the law will impose depends on the status of the person who fell. The standard is higher for invitees than for trespassers, for instance.
The cause of the fall is important and typical causes of falls such as dangerous conditions including wet floors, slippery floors, poor lighting, inadequate lighting, lack of handrails, no handrails, uneven surfaces, items in walkways or aisles, items in stairs, poor stairs, lack of maintenance, ice, snow, etc… need to be investigated and documented.
If you have been injured due to a slip and fall or trip and fall accident anywhere in Ontario, please contact one of our personal injury lawyers who can provide a free consultation and answer any of your questions. Call us at 613-563-1131. Quinn Thiele Mineault Grodzki, Ottawa accident lawyers.
Quinn Thiele Mineault Grodzki LLP
Injury and Accident Lawyers
310 O’Connor Street
Ottawa, Ontario K2P 1V8
This article is not-intended to be legal advice. All cases must be assessed based on its own facts. One fact can change an entire case and the advice provided. Consult a lawyer for legal advice.