What To Do If You’ve Been Injured On Someone Else’s Property
Occupier’s liability is a well-established principle of law. It’s common practice that owners of property and others who have control of property, such as landlords or tenants, are held accountable for accidents and injuries that occur on their property. It’s a subject accident lawyers are familiar with. There is a duty to ensure that any person upon entering the property, or other personal property being brought onto the property, is safe. Most of the time, this is a fairly straightforward issue.
Some cases aren’t so straightforward, though, which is why hiring an accident lawyer can help you determine if you are eligible for compensation when you or your goods have been hurt while on someone else’s property.
Here are a few things an accident lawyer can help you with if you wind up with an injury on someone else’s property:
Duty of Care
It goes without saying that when you’re on someone else’s property, you should be able to expect a certain level of safety. This includes safety based on the condition of the property as well as safety from activities being carried out on the property itself.
However, where a person willingly assumes a risk while on the property, the owner or occupier of that property may be able to shield themselves from any legal claims. This includes situations where the person entering the property is trespassing or committing a criminal act.
There are other considerations when dealing with injuries on someone else’s property, such as who exactly owns the property and is specifically required when you have been injured.
This is, of course, a field accident lawyers are very familiar with. If you have been injured on someone else’s property, consider discussing your case with an accident lawyer to ascertain your rights and to see if there is the potential to be compensated for your injuries.
What to do if you have been injured
First, if your injury is serious, get someone to call 911 or call them yourself if you are able. Get the proper medical attention you need before anything else.
If possible (and you may have to return to the property):
- Try to obtain any witness information from anyone around who might have witnessed your injury or property damage;
- Try to take photographs of the property and any hazards and/or relevant signs including the area whether the injury or damage occurred; and
- Try to ascertain who owns the property and put them on notice of your injuries or property damage.
A consultation with an accident lawyer will assist you in determining your rights and any potential for recovery of your injuries. They may also help you identify a variety of parties who may be responsible for the maintenance and control of the property, such as cleaning staff or sub-contractors. Lastly, an experience accident lawyer will know about shortened notice periods and OHIP subrogated claims if you were required to seek medical attention.