OCCUPIERS LIABILITY EDMONTON
In Alberta, occupiers of property have a duty to take reasonable care to ensure that people using the property are reasonably safe from harm. This duty is set out in the Occupiers‘ Liability Act. The Act applies to all occupiers of property, including homeowners, businesses, landlords, and public bodies. The duty of care owed by an occupier of property varies depending on the relationship between the occupier and the person who is injured. The Act sets out different levels of care that must be met depending on the relationship.
What Is the Occupier’s Liability?
Occupiers’ liability is a legal term that refers to the responsibility of a property owner or occupant to ensure that their premises are safe for visitors. It includes taking reasonable care to avoid hazards and warning visitors of potential dangers. The common law doctrine of negligence is the foundation of most occupiers’ liability laws. It requires property owners and people who live there to take reasonable steps to keep their places safe.
If an injury occurs due to the negligence of an occupier, the victim may be able to recover damages for their injuries. The extent of an occupier’s liability will depend on various factors, such as the type of visitor (e.g., invitee, licensee, or trespasser) and the foreseeability of the hazard.
How to Make a Claim?
Here are the following steps to take when making a claim:
Identify Who the Occupier Is
The first step in making an occupier’s liability claim is identifying the occupier. The occupier is the person or organization responsible for the property’s condition. It can be difficult to establish who the responsible party is at times. If numerous people or organizations own the property, it may be necessary to determine who is accountable for its upkeep.
Determine If the Occupier Owed the Injured Individual a Duty of Care
The second step is to establish whether or not the occupier owed a duty of care to the injured person. It depends on the occupier’s relationship with the injured individual and what the land is used for. If it can be shown that the occupier didn’t follow this duty of care, the person who was hurt might be able to get money for their injuries.
Determine If the Occupier Breached That Duty of Care
The third step in making an occupier’s liability claim is determining if the occupant breached that duty of care. It is done by examining how the occupant acted and if reasonable precautions were taken to guarantee safety. If the occupant didn’t take proper precautions, they could be held responsible for any damage.
Show That the Breach Caused the Injury
To make a successful occupier’s liability claim, you must show that the breach of duty caused the injury. For example, if a property owner fails to maintain their property correctly and, as a result, someone is injured, they may be liable for the damages suffered.
Another example will be if an owner fails to ensure that there are no hazardous conditions on their property and someone is injured as a result. To prove that the breach caused the injury, you must show that the two are related. It is done with the help of witnesses, experts, or photos.
Prove That Damages Were Incurred
It is crucial to be able to prove that damages were done. It shows that the occupier failed in their duty of care, and as a result, you suffered losses. Done by providing evidence of the accident and any financial or personal losses you have suffered. It is also important to remember that occupiers liability insurance may cover your claim, so it is worth speaking to an attorney to find out more.
Get Legal Help with Sidhu Lawyers
Sidhu Personal Injury Lawyers Edmonton is a law firm that specializes in occupiers’ liability. We have a team of experienced lawyers who are familiar with the Occupiers’ Liability Act and can help you get the compensation you are legally entitled to.
We will work hard to guarantee that your claim is handled correctly. We’ve got experience with occupiers’ liability matters and we’re dedicated to doing whatever it takes to get our customers the best possible outcomes. If you are injured through no fault of your own, on someone else’s property, you can be compensated.
Contact Us
Our attorneys can assist if you were hurt in an accident. Accidents can leave people feeling overwhelmed and uncertain about their next steps. That’s why we’re here to guide you through the legal process and fight for your rights.
It would help if you didn’t have to face this difficult time alone. Let us help you get back on your feet financially and emotionally. We want what’s best for our clients, often taking on even the biggest insurance companies. Contact us today for a free consultation.
FREQUENTLY ASKED QUESTIONS
Occupiers’ liability covers the legal responsibility of the person who occupies or controls the premises concerning any injuries or damage that occur on those premises. It includes things like slips, trips, and falls.
General liability, on the other hand, applies to businesses and covers their legal responsibility for any injuries or damage resulting from their business activities. This could involve defective items or poor advise that results in financial loss.
The occupier can know if it has liability based on its awareness of the property’s condition. If the occupier knows or should know about a dangerous situation on the property and does not take action to fix it or warn people, the occupier can be found liable.
The Occupiers’ Liability Act is a law that protects people who get hurt on the property of others. The act states that an occupier must take reasonable care to ensure that people on the property are reasonably safe from harm.
