Property owners are required by law to provide a safe and habitable environment for guests and patrons. If injuries occur on their property, the property owners may be liable for the damages. If you have been injured by a slip-and-fall accident on someone else’s property, an Oakville slip-and-fall lawyer from Gatti, Keltner, Bienvenu & Montesi PLC may be able to help you recover compensation.
What Is Premises Liability?
Premises liability is a legal term that describes a property owner’s liability for the conditions of their property. The owner may be liable for damages if unsafe conditions cause a harmful incident.
Suppose you wish to bring a premises liability claim against the property owner. In that case, you must have reasonable evidence that the property owner was negligent in the maintenance or upkeep of the property.
What Is Negligence?
Negligence means not providing a reasonable level of care. For example, slip-and-fall accidents would look like a property owner not clearing up spills someone could slip on. Other circumstances include leaving construction hazards on site while patrons are occupying the property.
If someone trips over one of those hazards, a lawsuit is warranted. There are various elements of negligence that need to be proven in order for a claim to be successful. We encourage you to speak to your slip-and-fall lawyer in Oakville to determine if your claim is viable.
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Slip-and-fall claims are a common type of premises liability claim. Unfortunately, thousands of individuals are injured in this way annually. Slip-and-fall accidents can happen in a variety of different ways and have the potential to cause serious injury.
If you have been injured in a slip-and-fall accident, the best way to recover compensation is by filing a legal claim against the owner of the property that you were injured on. An Oakville slip-and-fall lawyer can help determine whether you have grounds to recover compensation from the property owner or occupier. Usually, this requires proving they were not careful in keeping up their property.
If you tripped over an object with a specific use, such as a drainage grate, you might have lower chances of compensation. This is because sometimes the floor can include elements that an ordinary person is expected to avoid on their own. Proving that your accident resulted from negligence will take skilled litigation and negotiation.
To build a good case for the courts, do not hesitate to seek aid from an Oakville slip-and-fall attorney. They will collect evidence proving that your accident was preventable.
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Liability in Slip-and-Fall Accidents
You are not always eligible to recover compensation from a property owner following a slip-and-fall accident. To successfully claim damages, you must prove that one of three scenarios occurred.
The Owner of the Premises or an Employee Caused the Accident
A property owner must ensure that their grounds are safe for use. If they caused a spill, worn spot, or another hazard to develop on their property, people who slip there could place liability directly on them. If one of the employees of the property is responsible for creating the hazard, that is the owner’s responsibility as well.
A great example of this can be found when an employee cleans an area with water and soap but does not do a good job of drying the floor. If there are no signs on display telling occupants that a hazard is present and someone slips on the wet floor, the employee and property owner are liable for the accident.
The Owner of the Premises or an Employee Was Aware of the Hazard
Even if the property owner did not directly cause a hazard to develop, they can be held liable if they were aware that the hazard existed. It is the duty of the property owner to ensure that the employees maintaining the space agree to resolve any hazards before someone is injured. Knowing about a hazard and doing nothing about it are definite grounds for liability.
If a grocery store employee was aware that a customer in their store spilled a clear liquid on the ground but refused to clean it up, liability could easily fall onto the store and property owner.
The Property Owner or an Employee Should Have Been Aware of the Hazard
Sometimes the property owner and employees are completely unaware of floor hazards, yet liability still falls to them. This occurs when the hazard is obvious enough that the courts can assume that a reasonable person who was responsible for the property would have been able to recognize the risk.
This is the most common method of filing premises liability claims, although it is a less clear-cut route to compensation. Common sense is usually used to determine who is really at fault and if a claim is warranted. When a judge and jury get involved, winning based on this claim of fault often requires the skilled legal representation of a slip-and-fall attorney in Oakville.
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Compensation in Slip-and-Fall Claims
Whether you can recover compensation in a slip-and-fall claim depends on your ability to prove that you were not liable for your own injury. If you are able to do so, you stand to recover compensation in several forms. These include economic damages and non-economic damages.
Your economic damages are the costs associated with the actual injury, including medical bills and lost wages. Non-economic damages instead involve the losses you incurred that are intangible. Some examples of non-economic damages include pain and suffering, emotional pain, and loss of enjoyment in life.
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If you are struggling to imagine how you can prove that the property owner was liable for your slip-and-fall injury, get help now. The attorneys at Gatti, Keltner, Bienvenu & Montesi PLC can help you build a strong case using all of the available evidence. To contact an attorney today, use the contact form on this page.