Slip and Fall
Slip and fall accidents can happen anywhere at anytime to anyone. They are no laughing matter and can result in serious injuries. In Ontario, the Occupiers Liability Act, is the primary source of law regarding injuries sustained when on the premises of someone else`s property.
Specifically, section 3(1) in lay terms essentially means, that anybody who is an occupier of property has a duty to take reasonable care to see that those people on their property are reasonably safe while on the property.
According to section 3(2), the duty of care is applicable whether the danger is caused by the actual condition of the premises, for example faulty staircase etc. Or, an activity carried on the premises for example, having more people in a room than it can hold.
The key words here are reasonable and care. Lawyers and courts have had to wrestle with the definitions of what is considered reasonable care in the circumstances of slip and falls. For example, if a food item falls in a grocery store and the staff clean it up but fail to clean up one last grape and a patron falls on it, is it reasonable to assume the store did all they could? Is the standard of reasonable care, one of perfection? Or does that standard change when it is an individual versus a business?
Similarly, what if your home is undergoing some minor renovations and your yard is dug up with large holes. You decide to invite friends over warning them about the renovations. At the event alcohol is being consumed in large quantities, as it gets dark it becomes difficult to see the large holes in the yard. One of your guests, who is fairly intoxicated falls in the hole and injures himself. There are many issues at play in this scenario. Should you have invited friends, was it enough to simply warn them? Or should the event have taken place in another room. Is your friend someone who regularly drinks etc.
If you or a loved one has become injured due to a slip and fall call the law office of Rehan Khalil, a Mississauga Personal Injury Lawyer.
anytime for a free consultation