When Can a Property Be Considered Dangerous?

by | May 30, 2017 | Premises Laws

When Can a Property Be Considered Dangerous?

It is important to know that both property occupiers and owners have a legal responsibility to avoid exposing lawful visitors to any risks on the property. It is important to keep the property safe. What constitutes a dangerous property?

There are a wide range of reasons as to why a property – be it residential, public, or commercial – could be considered dangerous. Among these reasons are:

  • Faulty design
  • Poor construction
  • Insufficient maintenance
  • Substandard building materials

If you have been injured due to dangerous conditions on a property, you may be able to bring a personal injury lawsuit against the responsible parties. In particular, slip and fall accidents can result in serious injuries, such as facial lacerations, neck and back injuries, fractures, and breaks. Mostly, these kinds of accidents don’t happen unless there is a defective or dangerous condition on the property. It is up to the owners of the property to provide a safe space for visitors, staff, and anyone else on the property.

What Constitutes Dangerous Property?

One of the most common causes of premises liability that we deal with as personal injury lawyers are slip and fall injuries. These typically occur on slippery or uneven surfaces; however, they can also be a result of:

  • Exposed electrical wires
  • Crumbling stairs
  • Falling debris
  • Uncleared snow
  • Wet floors
  • Raised flooring
  • Obstructed pathways
  • Badly lit walkways

While premises liability law aims to protect the parties who are injured due to a property owner’s negligence, it can be difficult to prove liability, particularly if the owner has made an effort to correct the dangerous condition and has records of doing so.

To make sure that the proper grounds for your occupier’s liability claim are raised, you should seek the help of one of our experienced and knowledgeable personal injury lawyers at Mackesy Smye. We have the necessary resources to help you seek fair compensation for lost wages, medical expenses, emotional trauma, and pain and suffering.

Elements of an Occupier’s Liability Case

If you suffer an injury due to the unsafe condition of a property, you will be required to show that:

  • That the occupier of the property did not take reasonable care to see that you were reasonably safe while on the premises. In other words: The occupier should have known or did know about the conditions and failed to take the necessary action to repair the conditions or warn you of the dangerous conditions
  • The negligence resulted in your injury

Do You Need a Personal Injury Lawyer?

Our Ontario personal injury law firm will assess your injury and help you determine whether or not the property owner failed to correctly and sufficiently warn of hazardous conditions or maintain the property. For the claim to be successful, we need to show that the owner was aware of or should have been aware of the dangerous conditions, and failed to make the necessary correction or repairs.

Once we have established liability, we will help you prove a direct relationship between the dangerous property and your injuries.

Our compassionate occupier’s liability lawyers will consider all the necessary factors and represent you so that you can take care of the most important thing – recovering from your injuries. Get in touch with us today for a free consultation by clicking the below button.


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