Occupiers’ Liability Lawyer Toronto

What Is Occupiers’ Liability Law? 

Occupiers’ liability law governs the responsibilities of property owners and occupiers to ensure their premises are safe for visitors. When a property is unsafe and causes injury, the occupier can be held legally responsible under Ontario’s Occupiers’ Liability Act. Common scenarios include: 

• Slips and falls: Wet floors, icy walkways, or poorly maintained stairs. 

• Structural hazards: Unsafe railings, broken floors, or collapsing ceilings. 

• Inadequate security: Failure to prevent assaults or thefts on the premises. 

• Recreational injuries: Accidents at parks, pools, or sports facilities. 

Common Causes of Occupiers’ Liability Claims 

1. Negligent Maintenance: Failing to maintain property in a safe condition. 
2. Weather-Related Hazards: Snow, ice, or water accumulation that is not cleared in a timely manner. 
3. Defective Design or Construction: Poorly designed or improperly constructed premises. 
4. Lack of Warning Signs: No signs to alert visitors to potential dangers such as wet floors or steep steps. 
5. Insufficient Lighting: Dimly lit areas that increase the risk of accidents. 

Types of Injuries in Occupiers’ Liability Cases 

Injuries sustained in unsafe premises can range from minor to life-altering. Common injuries include: 

• Broken bones and fractures 

• Concussions and head injuries 

• Spinal cord injuries 

• Soft tissue damage 

• Cuts and lacerations 

• Psychological trauma 

Your Rights as an Injury Victim 

Under Ontario law, you have the right to seek compensation if your injuries were caused by the negligence of a property occupier. Compensation may include: 

• Medical expenses: Covering past, present, and future treatments. 

• Lost income: Reimbursement for time off work and diminished earning capacity. 

• Pain and suffering: For physical and emotional distress. 

• Rehabilitation costs: Including physiotherapy and counseling. 

• Additional damages: Such as out-of-pocket expenses and loss of enjoyment of life. 

Why Choose Kozyrev Law P.C. for Your Occupiers’ Liability Case? 

Proven Expertise 

Our legal team has successfully handled numerous occupiers’ liability cases. We have the knowledge and experience to navigate the complexities of these claims and achieve favorable outcomes for our clients. 

Personalized Legal Strategies 

At Kozyrev Law P.C., we recognize that every case is unique. We tailor our legal approach to meet the specific needs of each client, ensuring that no detail is overlooked. 

Strong Negotiation and Litigation Skills 

Whether negotiating with insurance companies or representing you in court, we are relentless in our pursuit of justice. Our goal is to secure maximum compensation for our clients. 

Steps in Filing an Occupiers’ Liability Claim 

Step 1: Initial Consultation 

During your free consultation, we will: 

• Assess the details of your accident and injuries. 

• Determine the strength of your claim. 

• Provide a clear roadmap for the legal process. 

Step 2: Evidence Collection 

Our team will gather crucial evidence to support your claim, such as: 

• Photographs or videos of the hazardous conditions. 

• Medical records and expert testimony. 

• Witness statements. 

• Incident reports or maintenance logs. 

Step 3: Claim Submission 

We will prepare and submit your claim to the responsible parties and their insurers, detailing the compensation you are entitled to. 

Step 4: Negotiation and Settlement 

We aim to achieve a fair settlement without unnecessary delays. If negotiations fail, we are prepared to take your case to trial. 

Key Challenges in Occupiers’ Liability Cases 

Occupiers’ liability claims can be complex due to: 

• Proving Negligence: Demonstrating that the property owner’s actions (or lack thereof) directly caused your injuries. 

• Contributory Negligence: Defendants may argue that you contributed to your injuries (e.g., by ignoring warning signs or wearing inappropriate footwear). 

• Time Limits: The statute of limitations in Ontario typically requires claims to be filed within two years of the incident. Acting promptly is critical. 

Frequently Asked Questions About Occupiers’ Liability 

Can I File a Claim If I Was Trespassing?

In most cases, property owners owe a limited duty of care to trespassers. However, exceptions exist, such as when children are involved or if the property owner created a hazard intentionally. 

What If My Accident Happened on Public Property?

Claims involving public property (e.g., parks or sidewalks) may require action against municipalities. These cases often have shorter notice periods, so it is crucial to consult a lawyer immediately. 

How Long Does an Occupiers’ Liability Case Take?

The timeline varies based on the complexity of the case and whether a settlement is reached or the claim goes to court. On average, cases take several months to a few years to resolve. 

How Much Compensation Can I Expect?

The amount of compensation depends on factors such as the severity of your injuries, the impact on your life, and the degree of negligence involved. Our lawyers can provide an estimate during your consultation. 

Protecting Yourself After an Accident 

If you’ve been injured on someone else’s property, follow these steps to protect your legal rights: 

1. Seek Medical Attention: Document your injuries and obtain treatment. 
2. Report the Incident: Notify the property owner or manager immediately. 
3. Document the Scene: Take photos or videos of the hazard and surrounding area. 
4. Collect Witness Information: Obtain contact details for anyone who saw the incident. 
5. Preserve Evidence: Keep clothing, shoes, and other items relevant to your case. 
6. Contact an Experienced Lawyer: Speak with a qualified occupiers’ liability lawyer as soon as possible. 

The Importance of Timely Action 

Time is of the essence in occupiers’ liability claims. Delaying action can: 

• Lead to loss of critical evidence. 

• Compromise witness reliability. 

• Risk missing important deadlines, such as the two-year statute of limitations. 

By acting promptly, you enhance your chances of a successful outcome. 

Contact Kozyrev Law P.C. Today 

If you or a loved one has been injured due to unsafe premises in Toronto, don’t face the legal challenges alone. Kozyrev Law P.C. is here to provide expert guidance and representation. Let us help you secure the compensation you deserve. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Your recovery and justice are our priorities. Contact Kozyrev Law P.C. today for a free consultation and take the first step toward reclaiming your life.