24 Oct What Is the Occupiers’ Duty and When Does It Turn To Negligence?
Now, it’s important to understand that a personal injury case would generally lie on three major premises – damages, negligent behavior and causality link. While the first and the last are rather self explanatory, the second one is more complex and it requires a thorough knowledge of the law. However, one of the most interesting examples of negligent behavior lies within a slip and fall accident. Even though there is no obvious breach of the law and no third party is involved, the truth can’t be more far away from this statement. This is why it is important to be well aware of Occupiers’ Liability Act of Ontario. The bill is consolidated back in 1990, on the 31st of December and has no amendments ever since. This means that the law is extremely efficient and it still serves the needs of society, regardless of the changes in tendencies and the alteration of social relationships.
However, Toronto is a city in the province of Ontario so logically the law is fully enforceable within its borders. Slip and fall accidents are incredibly common and this demands a clear understanding of the law. Right of the bat, you should be aware that if you have been involved in an accident of the kind and you have incurred damages as a result you are fully entitled to seek monetary compensation under the stipulations set forth by the Occupiers’ Liability Act.
The negligent behavior is the breached occupiers’ duty. Similarly to the Dog Owners’ Liability Act, the Occupiers’ Liability Act states that every occupier of a premise owes a certain duty. This duty requires the occupier to take such care of the premise that it is reasonably safe for people entering on the premises do not incur any kinds of damages. This is also extended to the point at which people are currently walking on the premise and are exiting it. This is the duty that the owners of the premise owe you and if you accidentally slip and fall and it’s because of something they did – they could be held accountable, should you choose to file a claim.
This particular duty of care is set forth in Article 3, paragraph 1 of the Occupiers’ Liability Act of Ontario and it has full effect over the territory of Toronto. Being so common, slip and fall accidents are incredibly lucrative. However, the lawyers should be well aware of the fact that they have to be able to prove the negligent behavior in order to build up a case. Regardless of all that, most of the cases are usually going to end up with a settlement.