Premises Liability Questions
What is a premises liability claim?
The theory behind a premises liability is that the owners and occupiers of property are held legally responsible for accidents and injuries that occur on that property. The types of incidents categorized as premises liability claims can range from a slip and fall accident on a public sidewalk to an injury on a roller coaster.
How is it determined who’s at fault?
In the case of a swimming pool accident, for example, it depends on whether the injured party was a guest (invitee), if they were there for a service call or other business purpose (licensee), or if they were uninvited (trespasser). In most cases, trespassers are held liable partially or fully liable for the accident.
If I slipped and fell on a hotel's premises, do I have any recourse against the hotel?
It depends on the situation. For example, if you slipped and fell on ice that hasn’t been cleared from the walkway, the hotel could be liable—if it knew about the danger and failed to do something about it, or warn visitors. Or, a hotel could be held liable if someone is injured because of a design or building flaw (if the steps are too steep, for example).
What should I do if I get hurt at a friend’s home, who invited me over?
Social guests are sometimes able to recover from their hosts, depending on how the injury occurred. Homeowners must tell their guests about any dangerous conditions that their guests might not notice. These can be tricky. If an injury was caused if you tripped on a rug, for example, you might be able to recover premise liability damages if you can prove that your friend knew the rug was a danger but didn’t warn guests or remove it before in advance.
I was attacked in the parking lot at a shopping plaza. Can I sue the owners for my bills?
In general, business owners are responsible for reasonable security on their property or premises. Adequate lighting, for example, is an essential for safety. Reoccurring criminal activity on or around a property would also show a property owner that additional security is needed to prevent criminal acts.
Do I need an expert witness to prove my premises liability case?
There are instances that an expert witness can be advantageous in a premises liability case—especially if your case goes before a jury. Medical experts, contractors, economists, and others may have special knowledge that a jury needs to understand in order to assign damages properly.
Findlay Law Offices helps premises accident victims who have been injured through no fault of their own. We provide legal and emotional support during your time of need. If you’re in Ontario, in the areas of Toronto, Hamilton, Brantford, Kitchener, Burlington or Niagara Falls, please contact us today. We offer free consultations, where we can help you explore all your legal options today!
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