Can You Sue Someone For Getting Injured On Their Property?

Getting injured on someone else's property can be a traumatic experience, both physically and financially. If you’ve been injured due to hazardous conditions on another person’s property in Ontario, you may wonder whether you have legal grounds to sue the property owner. 

In Ontario, the law requires property owners to ensure that their premises are reasonably safe for visitors, tenants, or guests. When they fail to do so, they may be held liable for any injuries that occur due to their negligence.

In this blog, Michael Connolly will explore the legal grounds for suing a property owne

r, outline the steps involved in making a claim, and provide tips to improve your chances of success. Whether your injury occurred at a private residence, a public venue, or a commercial establishment, this guide will help you understand your rights and options under Ontario law.

Understanding Premises Liability in Ontario

Premises liability refers to the legal responsibility property owners have to maintain safe conditions on their property. In Ontario, premises liability cases are governed by the Occupiers' Liability Act, R.S.O. 1990, c. O.2, which establishes that “occupiers” of the property (i.e. someone in physical possession of the premises or responsible for controlling the condition of the premises) owe a “duty of care” to ensure their property is reasonably safe for visitors.

Duty of Care

Under the Occupiers' Liability Act and in case law developed by Ontario cours, the duty of care extends to the following:

• Taking reasonable steps to maintain the property and prevent potential hazards.
• Repairing or removing known dangers in a timely manner.
• Warning visitors about any hazards that cannot be immediately addressed.

If the occupier of the property fails to meet these responsibilities and you are injured as a result, you may be entitled to compensation from the occupier by starting a lawsuit. 

Common Types of Premises Liability Cases

Premises liability cases can arise from various hazardous conditions. Here are some common types of situations where property occupiers may be held liable for injuries:

• Slip and Fall Accidents: These are among the most common premises liability claims. Slip and falls can occur due to wet floors, icy walkways, uneven surfaces, or improperly maintained stairs.
• Inadequate Security: If a property lacks sufficient lighting, security cameras, or locks, and a visitor is assaulted or injured due to these deficiencies, the occupier may be held liable.
• Swimming Pool Accidents: Pool owners must take extra precautions to prevent drownings and accidents, such as installing secure fences and warning signs.
• Poor Building Maintenance: Accidents caused by broken railings, loose floorboards, or falling debris can also be grounds for a premises liability claim.

Each type of accident may have unique factors affecting liability, so it’s essential to understand the specific circumstances of your injury to determine if you have a valid case.

Determining Liability: Who Can Be Sued?

The Occupiers' Liability Act specifies that occupiers (those who have control over the property) are responsible for ensuring safety. However, determining who is liable may not always be straightforward. In Ontario, you can potentially hold the following parties accountable:

• Property Owners: If you were injured on private property, the homeowner or property owner may be liable. This is common for injuries occurring in homes, rental properties, and personal residences.
• Business Owners: If your injury happened on commercial property, such as a store, restaurant, or shopping mall, the business owner or manager might be held responsible.
• Property Management Companies: In cases where a third-party company manages the property, such as apartment buildings or condominium complexes, they may share liability if they failed to maintain the property.
• Government Entities: If you were injured on public property, such as a park or sidewalk, the government entity responsible for maintaining that property might be liable. However, these cases involve specific procedural requirements and deadlines by which you need to provide notice.

Legal Requirements for Suing an Occupier in Ontario

Proving Negligence

To successfully sue for injuries sustained on someone else’s property, you must prove that the occupier was negligent. This typically involves establishing the following four elements:

1. Duty of Care: The occupier owed you a duty of care to keep the property safe.
2. Breach of Duty: The occupier breached that duty by failing to maintain or repair the property or by not warning you of hazards.
3. Causation: The occupier’s negligence directly caused your injuries.
4. Damages: You suffered physical, emotional, or financial damages as a result of the injury.

For example, if you slipped on an icy sidewalk outside a store and sustained injuries, you would need to prove that the store owner knew or should have known about the icy conditions, failed to take reasonable steps to address the hazard, and that this failure led to your fall and injuries.

Time Limits for Filing a Claim

In Ontario, you generally have two years from the date of the injury to file a lawsuit for premises liability. However, if your injury occurred on public property, you may need to notify the municipality or government entity involved within 10 days of the incident. Further, if you are injured as a result of snow and ice, you are obligated to give notice to the occupier within 60 days of your fall otherwise you risk losing your right to later commence a claim. 

It’s crucial to act promptly and consult a legal professional to ensure you meet all applicable deadlines.

Steps to Take If You’ve Been Injured on Someone Else’s Property

Step 1: Seek Medical Attention

Your health and safety should be the top priority. Seek medical attention as soon as possible, even if your injuries appear minor. A medical professional can assess the full extent of your injuries, provide treatment, and create medical records that may be valuable evidence in your case.

Step 2: Document the Scene

Gather as much evidence as you can from the accident scene. This includes:

• Taking photographs of the hazard that caused your injury, such as a wet floor or broken stairs.
• Obtaining contact information from any witnesses who can support your claim.
• Keeping records of any relevant weather conditions (for example, snow or ice if it was a slip-and-fall incident).

Step 3: Report the Incident

Notify the property owner, business manager, or other responsible party of the incident. Many businesses will have accident report forms for you to fill out. Be sure to get a copy of any report you complete.

Step 4: Keep Detailed Records

Maintain a file containing all documents related to your injury, including medical records, receipts for out-of-pocket expenses, and any communication with the occupier or their insurance company.

Step 5: Consult a Personal Injury Lawyer

Premises liability cases can be complex, and consulting a personal injury lawyer can help you understand your rights and determine if you have a valid claim. A premise liability lawyer can guide you through the legal process, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Compensation You May Be Entitled To

If your lawsuit is successful, you may be entitled to various forms of compensation, including:

• Medical Expenses: Reimbursement for medical bills, physical therapy, medication, and other treatment-related costs.
• Lost Income: Compensation for wages lost due to time off work for recovery.
• Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life. 
• Out-of-Pocket Expenses: Reimbursement for costs such as travel to medical appointments, assistive devices, or home care.

The amount you can recover will depend on the specifics of your case, including the severity of your injuries, the degree of negligence, and your overall financial losses.

Premise Liability Lawyer Toronto

Suing someone for an injury sustained on their property in Ontario is possible under the Occupiers' Liability Act, provided you can prove that the occupier’s negligence directly caused your injury. By understanding the premises liability laws, taking timely action, and consulting a knowledgeable personal injury lawyer, you can navigate the legal process effectively and improve your chances of securing fair compensation.

If you’ve been injured due to hazardous conditions on someone else’s property, remember that you have the right to seek justice and hold the responsible party accountable. Taking the right steps immediately after the accident can make all the difference in building a successful case.

**Please note that the contents of this blog should not be relied upon as legal advice or medical advice, but only for information and reference purposes. You should always follow the advice of your doctors and treatment providers with respect to your diagnoses and what health and medical steps you should take to best recover. If you wish to obtain legal advice, please contact our office and arrange for a free consultation with one of our lawyers.**