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Slip & fall cases are a large portion of the overall personal injury claims in the province of Ontario. The reason for this is because they are common and are dangerous. The legislation in the matter is also pretty transparent and it stipulates clear responsibility in this regard. The piece of regulatory provisions that’s designated to govern this area is called the Occupier’s Liability Act and it has been in full force over the province of Ontario since 1990, when it was enacted. It’s impressive and definitely worth mentioning that it hasn’t been changed or amended ever since. This means that the legislative authority has without a doubt managed to foresee the legal tendencies and the social approach towards such cases.
In any case, a cursory reading of the Act is going to make you think that this is a rather strict piece of legislation that poses tight responsibility for the occupier of the premise. The slip & fall case would be filed against the occupier of the premise. The occupier is legally defined in the Act by stating that this could be either the actual owner or the current tenant. It’s important to differentiate because the responsibility isn’t the same. However, the Act will create the impression that every time a person slips and falls on someone else’s premises the occupier is going to be liable for the incurred damages.
The situation is rather different. There are certain regulatory exemptions and particular situations which are going to exclude the liability of the occupier and skew the responsibility towards the injured. In order for these exemptions to concur, there are certain conditions:
• Warning signs – these are necessary every time there is something that might put the well-being of a third party in jeopardy. If there is a sign of the kind, the owner has transferred the responsibility towards the injured and he won’t be held liable for the damages that the latter had incurred.
• Preventive measures – in cases of sites in construction, for instance, if the occupier has taken all the legally required measures to ensure the safety of those passing by and the injured had gone past them, disregarding all the warnings and safety measures – the responsibility is going to be his.
The solutions are rather fair. There are other exemptions but these are the most relevant. They are meant to provide certain level of protection for the occupier as there are situations in which he would clearly be without any fault. In order to prevent injustice, the legislative authority has set forth exemptions of the kind.
If you have received moderate to severe injuries that will hold in court for a claim for compensation, then it is important to seek the assistance of a lawyer. Many personal injury lawyers work on slip and fall injuries and can assist you in getting the highest amount of compensation.