Know More About Premise Liability Under Ontario Tort Laws

If you are injured on the property of someone else, you are likely to be eligible for compensation by the person or the actual entity which is the owner of the property. For instance, if you go ahead, slip and fall on a spilled liquid in a restaurant, you are capable of suing the restaurant to recover the amount of money for the damages you’ve incurred. This is called premise liability and is one of the most substantial and considerable parts of personal injury law. However, what happens if the premise is owned by the government? Unfortunately for you, this might actually make things a bit more complicated.

Summarized Premise liability

Now, under the doctrine which governs premise liability, the business owner or any other property owner could be held accountable for the injuries which third parties incur on their property. The entire procedure is rather similar to a negligence claim and there are three elements which need to be determined and properly outlined – a duty of care, breach of said duty and causation.

The Duty – you need to determine that the owner of the property owed a significant duty to people who fell and got injured on their property. There is, of course, a duty to exercise reasonable care in making sure that the premises are safe and hence getting rid of all types of dangerous conditions. Of course, there are quite a lot of limitations which need to be accounted for.

Breach – the breach is the conduct or the misconduct of not exercising the proper amount of necessary reasonable care under the actual circumstances. This is when there is going to be a breach. This can be pinned under liability of the defendant.

Causation – this is the link between the breach of the duty of care and the damages that you, as a victim, have incurred. This is likely to be amongst the most important things to determine. You need to show that the injury which was caused by the breach of said duty caused the injuries that you want to be compensated for. That’s just it.

As you can see, there are quite a few things that you need to account for when it comes to a premise liability case. Unfortunately enough, when the government is involved as a responsible party for the premise onto which you fell, the entire thing is capable of getting a lot more complicated. You will need to consider the Statute of Limitations apart from other key aspects. This is the main reason for which engaging the service of a professional personal injury lawyer is of tremendous importance and it’s something that you need to take advantage of. This is going to ensure that you get proper legal representation and protection and the compensation that you are actually entitled to.