Best Premises Liability Lawyers in Markham

About Premises Liability Law in Markham, Canada

Premises liability is an area of law that governs the responsibility of property owners and occupiers for accidents or injuries occurring on their property. In Markham, Ontario, and throughout Canada, property owners have a legal duty to ensure their premises are reasonably safe for visitors, customers, tenants, and sometimes even trespassers. If someone is injured due to unsafe or hazardous conditions on another person's property, they may be entitled to compensation for their damages. Typical cases include slip and falls, trip and falls, and injuries caused by falling objects, unsafe structures, or inadequate security.

Why You May Need a Lawyer

A lawyer can be invaluable if you are injured on someone else's property due to unsafe conditions. Common situations where legal advice is important include:

• Suffering a slip and fall on icy sidewalks, wet floors, or poorly maintained walkways.
• Being injured due to defective railings, broken stairs, or other structural issues.
• Experiencing harm at public facilities, shopping malls, or residential buildings due to inadequate lighting or security.
• Facing claims as a property owner or occupier for injuries occurring on your property.

Local Laws Overview

In Markham, premises liability falls under Ontario provincial law, particularly the Occupiers' Liability Act. This legislation places a duty of care on occupiers—that is, anyone who controls a property—to maintain safe premises. Key aspects include:

• Duty of Care: Owners and occupiers must take reasonable steps to keep people safe from foreseeable harm on their property.
• Types of Visitors: The level of duty may vary depending on whether the entrant is a guest, customer, employee, or trespasser, though most risks must be managed.
• Time Limits: Injury claims usually must be filed within two years of the incident.
• Contributory Negligence: If the injured party contributed to their accident (e.g., ignoring warning signs), this may reduce their compensation.
• Snow and Ice Removal: Markham by-laws require timely removal of snow and ice from sidewalks and driveways to prevent slip and fall accidents. Failing to comply can lead to liability.
• Statutory Defences: Property owners may raise certain defences, such as compliance with relevant building codes or posting adequate warnings.

Frequently Asked Questions

What is premises liability?

Premises liability is the legal responsibility property owners or occupiers have for injuries suffered by others on their property due to unsafe or hazardous conditions.

Who can be held responsible in a premises liability case?

Both property owners and occupiers (such as tenants, leaseholders, or businesses) can be held liable if they have control over the premises where an injury occurred.

What do I need to prove to succeed in a premises liability claim?

You typically need to prove that the owner or occupier owed you a duty of care, breached that duty by failing to keep the premises safe, and that this breach caused your injury and resulting losses.

How long do I have to file a claim?

You generally have two years from the date of the incident to initiate a civil claim in Ontario. There are some exceptions, so seek legal advice promptly.

What should I do if I am injured on someone else’s property?

Seek medical attention immediately, report the incident to the property owner or manager, take photos of the scene, collect witness information, and consult a lawyer to understand your rights.

Can I claim compensation if I was partly at fault?

Yes, but your compensation may be reduced according to your degree of fault. This is known as contributory negligence.

Does premises liability include injuries from criminal acts (like assault) on property?

Sometimes. If inadequate security or negligent maintenance contributed to the incident, the property owner or occupier could be partly responsible.

Are all injuries on someone’s property covered under premises liability?

No. Only injuries resulting from unsafe or negligently maintained conditions, or lack of proper warnings, are typically covered. Accidents purely due to a person's own carelessness may not result in liability.

What damages can I recover in a premises liability claim?

You may be entitled to compensation for medical expenses, lost income, pain and suffering, out-of-pocket costs, and sometimes future care or loss of earning capacity.

How much does it cost to hire a premises liability lawyer?

Many personal injury lawyers in Markham offer free initial consultations and work on a contingency fee basis, meaning you pay only if you receive a settlement or judgment.

Additional Resources

If you need more information or assistance regarding premises liability in Markham, the following resources are helpful:

• City of Markham By-law & Regulatory Services: For local property maintenance by-laws, snow removal rules, and public safety standards.
• Ontario Ministry of the Attorney General: Offers guidance on legal rights and how to navigate the civil court process.
• Law Society of Ontario: Provides tools to find licensed lawyers and information on legal services available to the public.
• Community Legal Clinics: May offer free or low-cost legal advice for eligible residents.
• Slip and Fall Prevention Resources: Various not-for-profits and public health agencies offer tips for reducing accidents on private and public property.

Next Steps

If you believe you have a premises liability case in Markham, consider the following steps:

• Document the incident thoroughly—take photographs, collect witness names, and keep all receipts and medical records.
• Report the accident to the property owner, manager, or relevant authorities as soon as possible.
• Seek medical treatment and follow all medical advice relating to your injury.
• Consult a local personal injury lawyer or legal clinic for a case evaluation. Early legal advice can help safeguard your rights and set your case on the right track.
• File your claim within the statutory deadline to preserve your right to compensation.