Occupiers’ Liability In Slip-And-Fall Accidents

In Ontario, the occupier of a building or piece of real estate has a duty to ensure that it is reasonably safe for people who enter it.

An “occupier” is anyone who is in physical possession of the premises (e.g., someone who owns or rents the premises) or anyone who has control over who is allowed to enter them. Occupiers of premises may be landlords, tenants, managers or anyone who has control of the place, including third-party contractors such as security companies and cleaning crews.

If you are injured on somebody else’s property, it’s important to determine who is responsible for the property and whose negligence caused your injuries.

It’s also important to know how much responsibility each party may have over the state of the premises. For example, if a condominium corporation hires a reputable snow removal company, it may argue that it is not responsible for shoddy snow removal that causes injuries on its property.

It’s important to come to Rooz Law quickly after an injury, so that we can investigate who was responsible for your injuries, go after the “guilty” parties quickly and get evidence of the conditions that caused your injury before it is too late.

Questions To Ask In Occupiers’ Liability Cases

At Rooz Law, our lawyers will ask the following questions, among other questions, to determine occupiers’ liability in slip-and-fall accidents:

  • Who was responsible for keeping the property safe?
  • Did he or she act reasonably to do so?
  • Did the actions or lack of actions of the occupier result in your injury?
  • Should he or she have known that his or her actions would potentially result in your injury?
  • Did he or she allow the hazard to stay for an unreasonable amount of time?
  • Did you act reasonably to keep yourself safe?

These questions may have different answers depending on what kind of property you were in when you had your accident. For example, a senior’s home or hospital would be expected to be more careful with wet or uneven floors than a private home, and a tavern is expected to be particularly careful when it comes to crowding and alcohol consumption.

Contact Us

If you have been injured while riding a bike or motorcycle in North York or the Greater Toronto Area, contact Rooz Law at 416-229-6000. The sooner you call, the faster we can get you the compensation you deserve.