Occupier’s Liability Act in Details

When dealing with personal injury law, Occupier’s Liability Act is one of the most common claims that can be filed is for pain and suffering and medical reparation related to orthopedic injuries. And, quite frankly, one of the most common reasons for orthopedic injuries in Ontario are slip, trips and falls on someone else’s premises in St. Catharines. Luckily for the claimant, the legislative authority has already dealt with that by the enactment of the Occupier’s Liability Act back in 1990. This law has replaced the common law approach to the problem and it’s now a statutory system which is controlling all of the occupiers’ claims over the province of Ontario. There are various types of claims that could be filed under this particular legislative piece and it’s important to identify some key points in order to shed some light over what may seem a complicated matter.

Who can file a claim under this Act?

Literally everyone who has tripped, slipped and fallen on the premises of a third party in St. Catharines can file a claim. However, there are conditions to be met as well as some negative premises that have to be absent.  The occupier is entitled to put a sign which is capable of alerting those who pass by it that there is a potential threat of slipping. If that’s the case, you have no claim against him because the responsibility and the duty of care have been transferred to you. In any other case, you can file if the premise wasn’t properly cleared, dried, lit or basically was in a condition which could lead to falling.

Where does the Act apply?

Well, first of all, it applies over the entire territory of the province of Ontario and all the cities which fall within it. However, when broken down to smaller effect, the Act applies to all premises, both residential and commercial. You might want to discuss more with your personal injury lawyer in Toronto to get a better idea of how it can help you get higher amount of compensation.

Who does this particular Act apply to?

All sorts of occupiers are liable under the current Occupier’s Liability Act. They bear the heaviest duty of care and are dully responsible if they breach it and fail to provide safe conditions for people that either walk in or out or just pass by them. That’s quite fair. However, the legislation even goes so far in the extension of responsibility to place it over current tenant. Of course, this could be seen as both limitation and extension. The first hypothesis relates to the actual owner of the premise whose’ liability is limited by being transferred onto the tenant. The second hypothesis envelops the case in which the claimant is able to file his claim towards both of them because the Occupier’s Liability Act allows it. However, the owner has to provide a proof that he has dully transferred the duty to the tenant. Usually a simple contract would do the trick.

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