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Occupiers’ Liability

When do you have an Occupiers’ Liability claim?  Occupiers’ liability cases are a direct result of a physical or psychological injury suffered as a result of unsafe property conditions or activities.  This form of personal injury may occur due to lack of signage, lack of supervision, dangerous premises, hazardous ice, broken concrete, or various other circumstances.  Our clients have suffered damages resulting from a number of circumstances including retail shelving and signage collapses, elevator accidents, property fires, defective staircase design, entry/exit door malfunctions, garage door malfunctions, deck collapses, violation of building codes and swimming pool accidents.

According to the  Occupiers’ Liability Act, the occupiers’ duty concerning the premises includes: 

  • An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.
  • The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried out on the premises.

PLEASE NOTE: If you are a victim of an injury on city or government of Ontario property, is it important that you provide written notice of your injury within 10 days of the incident. Adhering to the 10 day notice period requirement is vital to moving forward with your legal claim. When sustained on municipal property (ex: city sidewalks, city streets, curbs, pot holes, pools, etc.), written notice should be provided within the 10 day window to the city clerk’s office. If the injury occurs on provincial property (ex: provincial parks, highways, government buildings), the written notification should be sent directly to the office of the Ontario Attorney General.

If you or someone you know has suffered an injury as a result of an occupier’s negligence, you may be entitled to damages.

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