What does the term “premises liability” or “property liability” mean?
“Premises Liability” refers to the duty of a property or land owner or one who controls property or land (such as under a tenant in a lease) to maintain the property safe, including:
Keeping the premises in a reasonably safe condition at all times;
Take steps to correct any defects or hazards that the owner or occupier knew or ought to have known about; and
Warn persons of any latent (not apparent) or other hazards on the property.
The most common personal injury cases we see in relation to premises liability or property liability in Ottawa is slip and falls or trip and falls causing injury. We also see many cases of persons being injured by falling objects or injured because of falling from defective stairs. In most cases, the person was injured because the property owner or occupier did not have a reasonable system in place to maintain the property safe.
What are some common types of premises liability claims?
Some common types of premises liability claims are (this list is not exhaustive; there are many other ways to be injured on property):
- Suffering an injury due to a falling object.
- Suffering an injury due to a slippery surface.
- Suffering an injury due to an uneven surface.
- Suffering an injury due to items on aisles.
- Suffering an injury due to defective stairs.
- Suffering an injury due to improper lighting.
- Suffering an injury due to snow.
- Suffering an injury due to ice.
- Suffering an injury due to a security guard assault (negligent security cases).
- Suffering an injury due to improper procedures being followed.
- Suffering an injury due to breach or violation of standard building codes.
The list of ways a person can be injured on someone else’s property or premises is endless. Often, there is no simple answer to who is responsible for the injuries. Only a consultation with an experienced Ottawa premises liability lawyer, familiar with the law of negligence and occupier’s liability and who has the resources to do a thorough investigation, can provide the best legal advice.