Say, for instance, that you slipped and fell while innocently visiting a homeowner’s property. Well, understandably so, you may attempt to hold the homeowner accountable via a slip and fall accident claim. Follow along to find out whether homeowners are responsible for preventing falls on their premises and how a proficient Toronto slip and fall lawyer at Merricks Law Group, P.A. can help you ensure that justice is rightfully served.
Are homeowners responsible for preventing falls on their premises?
In Ontario, there is such a thing as the Occupiers’ Liability Act. Essentially, this Act upholds that homeowners are responsible for keeping their premises safe for all welcomed visitors. In other words, they hold a certain duty of care. Such duty of care extends to the following actions:
- A homeowner must frequently inspect their premises for any possible dangers that may arise.
- A homeowner must adequately maintain their premises to prevent any possible dangers from arising.
- A homeowner must promptly fix or clear any possible dangers that may arise on their premises.
- A homeowner must clearly warn welcomed visitors of any possible dangers that may arise on their premises.
This is all to say that it does not matter whether the danger that has arisen on a homeowner’s premises was caused by them or not. That is, this duty of care may apply regardless of the extenuating circumstances.
What initiatives can homeowners take to prevent falls on their premises?
You must expect the homeowner, otherwise known as the defendant of your claim, to use every excuse in the book to deny the hand they had in your slip and fall accident. But in turn, you may have a solid argument in maintaining that even the smallest initiative would have prevented your fall from occurring. Such small initiatives that may apply to your case read as follows:
- A homeowner could have arranged their furniture in a way that cleared their walkways.
- A homeowner could have removed clutter from their stairways that cleared a wide enough path.
- A homeowner could have blocked off or repaired loose/uneven floorboards in their walkways/stairways.
- A homeowner could have installed better lighting fixtures in each room you were allowed to enter and use.
- A homeowner could have better secured heavy appliances, artwork, or overhead fixtures onto the walls and ceilings.
It cannot be stressed enough that you require a sufficient amount of evidence to back up any argument mentioned above. With this and everything else considered, you may be intimidated by the legal proceedings that lie ahead of you. But one way to relieve yourself of this stress is to have a talented Ontario personal injury lawyer stand by your side throughout. Contact Merricks Law Group, P.A. at your earliest possible convenience.
