If you suffer an injury on another person’s property, you may have questions about the viability of a claim to recover damages. Such incidents are prevalent in the winter due to snow and ice on walkways. Homeowners and/or tenants might face civil lawsuits if someone is injured due to their negligence to maintain reasonable safety.
Common causes of slip-and-fall accidents
Guests, delivery people, babysitters, repair workers and other lawful visitors to another’s property could encounter any of the following slip-and-fall hazards:
- Walking surfaces covered with ice or snow and disregard of bylaw time frames
- Slippery, wet tiles and other types of flooring without non-slip covering or warnings
- Cracks, gaps, potholes or unexpected changes in elevation on walking surfaces
- Slippery debris and wet leaves on walking paths
- Loose or missing handrails on stairs
- Inadequate lighting
Property owner or tenant’s liability
Property owners and/or tenants are responsible for maintaining the property in compliance with reasonable safety standards. The property owner is also responsible for the safety of people attending a garage or yard sale. Failure to maintain a safe property would make the property owner or tenant financially responsible for damages.
Factors the court will consider
When a slip-and-fall victim files a personal injury lawsuit against a property owner, the court will consider the following aspects of the case:
- How foreseeable was the danger?
- Was the property owner’s conduct in compliance with acceptable standards?
- How long had the danger existed before the plaintiff was injured?
- Would it have been easy to prevent the danger?
Premises liability is a complicated field of the law. Victims of slip-and-fall accidents that resulted from the homeowner’s negligence could file a personal injury lawsuit. If it is successfully navigated, an Ontario civil court will likely award monetary damages to cover losses such as medical expenses, lost wages and more.