Thousands of personal injury claims are filed every day in the country of Canada. It is important to understand that there are governmental laws which direct this particular are of the law. However, there are also provincial laws which may in some cases differ from the one set forth by the government. If that’s the case, on the territory of the particular province, the law that will be enforceable is going to be the provincial one. Nevertheless, almost every provincial law is going to be almost the same as the governmental statutes so the differences are mostly incredibly slight to matter.
One of the most common causes for a personal injury claim is based on a slip and fall accidents. These are unfortunate events during which a person accidentally slips and falls on a hard and slippery surface. Most of the times these injuries are not so harmful but in some cases they could result in some heavy orthopedic injuries and even brain traumas if the head hits the floor. The accident is also a cause for grave emotional trauma because these sorts of happenings usually take place at a public place and the embarrassment is real. This is why people tend to seek their rights in this particular regard and to seek compensation for the damages that they have to go through.
What is Occupiers’ Liability Act?
The law which governs the liability in accidents of this kind in the town of Brampton is called the Occupiers’ Liability Act. It was accepted and in-acted back on the 31st of December, 1990. The law has not been changed and altered ever since which speaks about its’ stability and effectiveness.
However, the common law is also source of legal provisions for slip and fall accidents and it stipulates that the owner or the occupier of the building should take the precautions required to prevent any damages to third parties or other buildings. Nevertheless, the Occupiers’ Act describes a special duty of care which supersedes the one in the common law. The act clearly states that every owner or occupier should undertake the actions required to prevent any accidents to people entering the building and further on while they are staying in the building. This is properly described in Article 3, paragraph 1 in the hereby mentioned law.
This suggests that if the owner or the occupier, which is most commonly a tenant of the building, fails to undertake the required precautions and this resulted in an accident he would bear civil liability and would have to compensate the injured party. The case in point would fall within the definition of a personal injury claim and the precise are of expertise is going to be a slip and fall accident. It is best to contact an experienced legal firm to get the best representation.
We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!