What is Premises Liability?
Premises liability holds property owners responsible when their guests are injured as a result of dangerous conditions. The property owner or manager’s liability extends to taking the reasonable measures that other reasonable people would under similar circumstances.
Generally, if you are on a property legally, the owner or manager of the property has a duty of care regarding your safety. These protections, however, don’t extend to trespassers or to those who’re engaged in criminal activity.
Landlords who are responsible for the maintenance of specific properties are required to take the reasonable steps necessary to protect their tenants as well as visitors. The tenants themselves, however, can be held liable for injuries caused by hazards that they have control over or for which they are responsible.
Instances when the owner, manager, or occupier generally has a responsibility to the safety of guests, visitors, customers, or tenants include all the following:
- Stores of all kinds
- Restaurants
- Schools – both public and private
- Healthcare facilities, including hospitals and retirement residences
- Factories
- Office buildings
- Municipal and government buildings, sidewalks, and roads
- Hotels and motels
- Parking lots and ramps
- Amusement parks, carnivals, and other recreational destinations
- Private homes as well as backyard pools and ponds
- Apartment buildings
Types of Premises Liability Cases
Premises liability can take a wide range of forms that include all the following:
- Slip and fall accidents
- Dog bites
- So-called attractive nuisance incidents in which children are lured into dangerous situations, such as by backyard swimming pools
- Accidents on escalators and elevators
When the property owner fails to employ the same level of reasonable care that other reasonable property owners would have under similar circumstances, they can be held liable for their injured guests’ losses. The kinds of negligence that often precipitate premises liability claims include failure to clear snow and ice, failure to clean up spills or debris within a reasonable amount of time, uneven walkways, poorly maintained stairs, inadequate lighting, inadequate security, and beyond.
The Role of a Premises Liability Lawyer
Your resourceful premises liability lawyer will take on a primary role in protection of your legal rights and in pursuit of your rightful compensation in your premises liability claim. This includes building a strong claim that outlines all the relevant evidence, focuses on proving liability, and demonstrates the extent of your legal damages. Your seasoned premises liability lawyer will also engage in skilled negotiations with the involved insurance company and will not shy away from taking your case to court in the event the insurance company isn’t inclined to settle it fairly.
Your experienced lawyer’s sole focus is effectively advocating for the compensation to which you are entitled. And in the course of doing so, they will use their impressive experience, legal insight, and resources to strategize the best path forward through the challenging intricacies of the legal process.
Proving Liability
Proving liability in a premises liability claim comes down to the evidence. Depending on the specifics of your claim, this can include photos or videos – of the accident itself or of the scene of the accident – that were captured by onlookers, photos of your injuries, the accident report, your doctor’s report and related medical records, accident reconstruction models that highlight what caused you to be injured, and the expert testimony of professionals in relevant fields – such as the mechanics of the accident, the risk factors involved, and the kinds of injuries you suffered as a result.
Steps to Take after an Injury
If you have been injured as a result of unsafe conditions on private or public property, there are several steps you should take in order to safeguard your claim and your recovery. To begin, you should seek immediate medical attention. This is the surest means of protecting your health, and it affords critical early documentation when you file your premises liability claim.
Moving forward, it is important to consult with a compassionate personal injury lawyer who has considerable experience successfully handling complex premises liability claims. From here, you’ll want to carefully follow your doctor’s medical treatment plan and to work closely with your trusted legal counsel.
You May be Entitled to Compensation
If you were injured as a guest or visitor on someone else’s property, you may be entitled to compensation if they failed to employ the standard of care that a reasonable person would have under similar circumstances. If this is the case, you can seek compensation in each of the following categories:
- Your medical expenses, including those for ongoing medical treatment
- Related out of pocket expenses
- Your lost wages, including lost earning power into the future
- Your physical pain and emotional distress, which can outpace your other losses combined
A key component of your premises liability claim is proving the full extent of your losses, which your dedicated premises liability lawyer is well prepared to ably handle.
Filling Your Claim
You will likely file your premises liability claim with the at-fault party’s insurance provider. Your experienced lawyer will spare no effort in ensuring that you have a solid claim and will proceed to skillfully negotiate with the insurance company for a settlement that fairly addresses the full range of losses you have sustained. Only if a just settlement is not forthcoming will your lawyer advise you to move forward by filing a lawsuit with the court.
Why Hire Our Ottawa Premises Liability Lawyers
If you have suffered injuries as a result of a property owner or manager’s negligence, the strength of your premises liability claim is key to your recovery. The accomplished premises liability lawyers at Burn Tucker Lachaîne – proudly serving Ottawa – appreciate the challenging situation you find yourself in and are well prepared to unleash the full force of our experience and legal savvy in support of a favourable claim resolution on your behalf. You and your claim are important, and you shouldn’t put off reaching out and contacting or calling us at 613-777-9038 to schedule a free initial consultation and learn more about what we can do to help you today.
March 6, 2025 
