Business property owners in Ontario are responsible for providing safe premises that are free of known hazards. If you suffer injuries due to dangerous conditions in retail stores or other locations might have grounds to sue for damages. Property owners and tenants of business premises could also be held accountable if anyone suffers injuries in the parking lot or walkways inside and outside the building.
Whom to name as the defendant
Although slip-and-fall victims are entitled to seek damage recovery through the Ontario civil justice system, determining whom to name as defendants could be problematic. Tenants of commercial premises are responsible for keeping all the areas in their control safe. In circumstances where two or more parties occupy the same premises, determining whom to pursue financial accountability from becomes challenging.
Examples of such circumstances include a tenant and landlord using the same space. Another possibility is a sports facility renting to an organization. If negligent maintenance causes injuries, both the property owner and the organization could share liability. Obtaining a copy of the lease could clear things up – if each party’s area of responsibility is specified. A lease should also list each party’s responsibility for damage assessment, maintenance and repairs and the fields of liabilities of each tenant or owner.
Establishing negligence to present to the court
The slip-and-fall victim’s attorney will have to show the following to establish negligence:
- The defendant did not conduct safety practices within acceptable standards.
- The danger that caused injuries was foreseeable.
- The defendant failed to maintain an adequate system to inspect potential risks.
- The defendant did not conduct the necessary inspection of the risks involved.
- The danger that caused the injuries could have been prevented with reasonable ease.
- The cause of the injuries was a dangerous condition that was left unaddressed for a significant length of time.
Once negligence is established in a premises liability lawsuit, the slip-and-fall victim can present documented items of damages to an Ontario civil court. These could include financial losses like medical expenses and lost wages along with non-financial damages like pain and suffering.