Occupiers liability refers to the legal duty of care that property owners or occupiers (i.e.: a person or business who has power or control over that property) owe to individuals who enter their premises. An occupier must take reasonable steps to ensure the safety of people attending their property in order to prevent foreseeable injury or accidents.
Occupiers Liability Claim Situations
Occupiers liability claims can arise from various situations, including:
- Trip and falls
- Slip and falls
- Uncleared Ice, snow or slippery surfaces
- Uneven walking surfaces and stairways
- Dangerous property conditions
- Inadequate maintenance
- Failure to remedy a known hazard
- Failure to identify a known hazard with warning signs
- Negligent security
- Inadequate lighting
- Objects or equipment falling from heights
- Escalator or elevator accidents
- Exposed electrical wiring
- Objects or debris left on walking surfaces or stairways
To establish a successful personal injury claim under occupiers liability, sometimes called premise liability, the injured party must prove that the property owner or occupier failed to meet their duty of care and that failure resulted in injury. This requires showing that the property owner/occupier failed to take reasonable steps to prevent harm or failed to warn visitors of risks that were or ought to have been known to them. Negligence, such as inadequate maintenance, unsafe conditions, or lack of proper warnings, are key considerations in determining liability.
While property owners/occupiers bear the primary responsibility for maintaining the property over which they have control to ensure safe environment, individuals also have a duty to exercise reasonable care for their own safety. A failure to be aware of one’s surroundings, a failure to follow posted instructions, or engaging in reckless behavior that contributes to an accident or injuries can result in a finding of contributory negligence.
Waivers are another consideration when it comes to occupiers liability or premise liability claims. A waiver could be a complete defence to a claim for injury due to owner/occupier’s negligence.
Yukon Occupiers Liability Lawyers
If you or a loved one has suffered injury due to the negligence of the owner/occupier of a property, our experienced personal injury lawyers can help to make sure you get the compensation you are entitled to. Contact our lawyers today for a free consultation about your claim.