Premise liability is without a doubt amongst the most common type of personal injury claims filed in Ontario. However, it is important to note that there are quite a lot of different types of premise liability claims based on the location on which the accident has happened. Keep in mind that a slip and fall accident can just as well occur on any location, regardless of whether it’s outside or not.
A lot of people tend to believe that this is just a formality, but the truth is that it’s much more than that. In fact, determining the exact place of the accident is particularly paramount for your case. It’s going to determine the opposite party and this is the first thing that you should do. Why – because you need to send a letter of intent within the first 7 days after the accident if you are going to claim compensation. You can probably see how important this information actually is. Failing to do so is going to result in potential complications and even in the chance of losing your right to claim responsibility.
Occupier’s Liability Act
However, parking garages as well as parking lot injury claims are amongst the most common ones, especially when it’s cold outside. Usually, these underground facilities are going to have some sort of moisture spread on the flooring. If it’s not taken care of properly, you can probably suggest what’s going to be the result – an incredibly slippery surface which predisposes to fallings. And, that’s the case in the majority of claims. However, it’s important to note that under the Occupier’s Liability Act of Ontario from 1990, all owners of premises need to keep their property reasonably safe for third parties. This means that they are deemed responsible for making regular inspections and taking the appropriate precautions in order to ensure that the property wouldn’t cause complications.
However, it’s important to understand that there is a differentiation to be made here. This is why parking lots and garages are rather complicated to deal with. Normally the owner of the building would have rented it out. In this case, the responsibility for the care is transferred with the contract for the rental. With this in mind, it’s important to note that you should check into that prior to filing your letter of intent because you might get it wrong. It’s important to take all things into thorough consideration when it comes to a slip and fall accident. A lot of people tend to firmly underestimate the field because it sounds a bit unserious. The truth is that slip and fall accidents can actually cause a tremendous amount of damage and are hard to deal with. Irrespective of the way you were injured at the parking lot, it is important that you seek redressal and compensation for the injuries.
