Slip and fall accidents can result in serious or catastrophic injuries, especially for older individuals who are especially susceptible to this kind of accident. Not only is there a greater likelihood for seniors to suffer a slip and fall accident, they are more prone to serious and even life-threatening injuries as a result. From a legal standpoint, these types of accidents fall under an area of personal injury law known as premises liability.
Thus, if you or a loved one sustained injury by slipping or tripping and falling on another person’s property, you should discuss your circumstances with an experienced slip and fall accident lawyer. You may be able to pursue compensation for damages if the owner of the property you were injured on was negligent and whose negligence led to your accident and injuries.
The Occupier’s Liability Act
When slip and fall accidents occur on commercial or residential properties, the owner or occupier of the property may be deemed negligent under the Occupier’s Liability Act of Ontario Province. According to the Act, the person responsible for the maintenance and upkeep of a property owe a duty of care to those individuals who visit the premises. If they fail to address potentially dangerous or hazardous situations on the property, they may be considered negligent because they breached that duty of care to others.
In the context of slip and fall accidents or premises liability claims, the term “occupier” may refer to:
• business owners or managers
• landlords
• landscapers
• maintenance technicians
• property managers
• superintendents
• tenants
Furthermore, it could also refer to anyone controlling access to the property or who is responsible for the maintenance and upkeep of it. However if it can be proved that someone was negligent or knew of about the dangers yet did not take adequate measures,
Damages in a Premises Liability Case
By working with a slip and fall accident lawyer, you may be able to pursue a personal injury claim against the property owner or occupier if they were negligent and you were injured as a result. Additionally, you may be able to pursue compensation for damages in a premises liability lawsuit and recover the following financial losses:
• ambulance services
• assistive medical equipment such as mobility aids
• home modifications for accommodating new disabilities
• housekeeping services
• loss of future earning capacity
• lost income
• medical expenses
• mileage expenses to and from your doctor’s appointments
• pain and suffering
• prescriptions
• psychological counseling
• rehabilitation therapy
A Personal Injury Lawyer in St Thomas from our firm will be happy to evaluate your premises liability case in a FREE initial consultation. For more information, call Barapp Law today at (888) 226-4264.