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What exactly is homeowner liability ? Our injury lawyers explain…

Accidents in your home? Homeowner liability ?

Yes, homeowner liability is not to be taken for granted. It happens. Guests to your home sometimes do have accidents when visiting.  The truth is, it is very common. From the moment a visitor enters your home, you are responsible for their well-being. If they do get hurt at your home or on your property, you must take personal liability. This is legally known as premises liability or occupiers’ liability.

What is a homeowner liability? The Ontario Occupiers’ Liability Act

A homeowner liability mainly deals with  the Ontario Occupiers’ Liability Act, it’s your responsibility to make sure that anyone entering your property is safe. For example, if someone visits while your house is under renovation, you need to remove any hazards from the area they will be in or warn them about any dangers they may encounter.

If you are renting your living space, your landlord is responsible for providing warning about the hazards or dangers on the premises. However, if the injury comes from something that you could have prevented, you can still be responsible.

If someone breaks into your home, is trespassing or committing a crime, you are not responsible for their safety.

Injuries on Non-Residential Property

The concept of premises liability in Ontario also applies to non-residential places, like restaurants, amusement parks, schools, parking lots, and shopping centres .Lack of maintenance is often the most common cause for accidents on these properties.

When you pay admission to a park, water park or other recreational property or when you enter a premise to receive or purchase a service you are putting your own safety into the hands of the property owner and assuming that they’ve taken precautions for you.

Most business owners are required to install signs warning guests of any dangers or hazards they might encounter. The only time that liability does not apply is when you enter a recreational building or property that does not charge an entrance fee. Anyone who enters a free recreational property automatically assumes any risks during their time on that property.

Slip and Fall Injury Claims

The most common type of homeowner liability claims on someone else’s property are slip and fall injuries.

When you go to someone else’s home, they are legally required to warn you of any hazardous conditions that could impact your health or safety. This could be anything from a loose floorboard to unshoveled stairs. Failure to remove snow or ice properly could also be a major safety issue. If you slip and fall on ice because the property owner didn’t shovel their driveway, they could be found to be negligent.

Other Common Premises Liability Injury Claims

There are so many ways that you could hurt yourself on another’s property. Dim lighting, failure to clean up debris or spills or uneven walking spaces could all contribute to injuries. There are extra risks involved they have a pool.

What do I need to File a Personal Injury Claim for Premises Liability?

Like any personal injury claim in a homeowner liability claim, you need to keep as much evidence as you can. In a civil lawsuit for negligence, the defendant has to prove beyond a reasonable doubt that they weren’t at fault.

You’re going to have to prove in court that the injury was not caused by your own recklessness or negligence. You could be held responsible for your own accident if it could not have been reasonably predicted or foreseen.

Photos are the best evidence. They will accurately show the area and the hazard or condition that caused your injury.

Keep all of your medical records, doctors’ notes and receipts Having a witness on your side who was there at the time of the incident will also help your case.

If you are injured in an accident on someone else’s property, seek legal advice. A good personal injury lawyer can help you to get the compensation you deserve to recover from the accident and return to a normal life.

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