Premise liability is a popular legal concept which is most commonly going to come into focus in certain personal injury cases. This is usually the situation when the injury is due to negligent or unsafe or even defective conditions of the property of a third-party.
The majority of the personal injury claims are filed due to injuries sustained because of negligence. With this in mind, it’s important to note that premise liability is pretty much the same and it’s definitely not any different. To win a case of the kind, the one who has sustained the injuries needs to prove that the owner of the property was actually negligent and did not do the necessary maintenance of the premise.
Generally, negligence would suggest that the owner of the property didn’t manage to employ reasonable care when it comes to maintaining the property and hence, securing the safety of those who pass through it. It is the responsibility of the property owner and when due to careless or recklessness, accidents happen, the owner is held liable.
It is very important to point out that just because you sustained an injury on the property of a third party it doesn’t necessarily mean that the owner of said property had been negligent. What is more, just because there was a condition considered unsafe, this doesn’t really mean that negligence was involved. This is something that you need to prove. In order to do so, you have to establish a fact of knowledge – which the owner of the property knew about the danger but failed to do anything about it. This is the only way you can actively claim damages when it comes to it. Talk with your lawyer about the filing of the claim and get compensated for the injuries.
Different types of premise liability lawsuits
There are quite a few different types which could be classified and categorized as premise liability cases. With this in mind, let’s have a look at a few of them:
· Ice/ Snow accidents
· Dog bites
· Inadequate premise maintenance
· Escalator and elevator injuries
· Accidents in the swimming pool
· Accidents at the amusement park
A lot of people mistakenly believe that slip and fall and other types of this kind are the main premise liability cases. This is far from being true, obviously, as pretty much every case which took place at the property of a third-party could be considered as premise liability. This is something important and it’s not just a matter of simple classification.
The act which governs cases of the kind is the Occupier’s Liability Act and it’s important to take this into account. Ontario is governed by this particular set of legal rules when it comes to premise liability and that’s something that you want to take into account when it comes to it. This is something very important and it should be considered.