Unsafe Premises/Occupier’s Liability
Have you been injured in a slip or fall?
There are a number of ways in which a premises can be unsafe. The most common injuries result from slips or trips. Injuries can occur as a result of snow, ice, uneven or broken pavement, pooling water, unidentified trip hazards, or other forms of lack of maintenance. These types of occurrences may require written notice. Please see our Slip & Fall Injuries page for more information.
You can also be injured on someone else’s property for a variety of reasons that are due to the negligence of the property owner or occupier. Predominantly this will involve hazardous objects which can cause injury, such as a loose eaves trough that falls on you, or a window that falls out of a building, or lack of general maintenance which causes the premises to be unsafe, leading to harm.
Playgrounds, for example, whether private, at a school, or in a municipal park, can pose a number of risks. The playground equipment could be damaged or improperly assembled or the footings (the surface area upon which the playground equipment is placed) may not be to Code. There are numerous reasons that injuries could happen that are due to the negligence of the property owner or occupier.
Other hazards that can make a property unsafe may include noxious substances or lack of proper exits in an emergency situation, just to name a few examples.
It is important to note that if the injury occurs on a premises owned or controlled by a municipality, written notice to the municipality within 10 days of the injury is required.
Sometimes you will be required to sign a waiver of liability before entering the property. It is important to bring a waiver of liability to your lawyer’s attention as soon as possible. The law regarding the enforcement of waivers is complex and, therefore, it is best that you consult a personal injury lawyer at your earliest opportunity to determine your rights and whether you have an actionable claim.
Please contact a personal injury lawyer today for a free initial consultation by email or by phone at (519) 672-5666. In many cases, your legal fees are deferred until a settlement is reached. We welcome referrals from other lawyers.