Injured On Someone Else's Property?

Premises liability holds property owners responsible for causing harm to someone through negligence. Property owners may be held accountable if their property is unsafe and, in turn, causes injury to someone.

The Occupiers Liability Act creates a duty on property owners to keep their property reasonably safe for people entering their premises. Contacting our lawyer early is a good idea to find out if you have a personal injury case.

How Premises Liability Works in Ontario

This area of law is about accountability for preventable harm. In Ontario, when an occupier controls a premise, that occupier is expected to take safety seriously. When risks are ignored, the result can be a personal injury that affects your work, your mobility, and your recovery.

These claims focus on what was foreseeable and what could reasonably have been done to reduce danger. The standard is not perfection. It is grounded in evidence and common sense.

A premises liability lawyer reviews how the incident happened, what the occupier knew (or should have known), and whether the safety practices in place were appropriate for that specific premise.

Who Is an “Occupier” of a Premise?

An occupier is not always the legal owner. In many liability cases, the occupier is the party that had control of the premises and the ability to prevent harm.

That might include a landlord, a commercial tenant, a property manager, or a business operating on the premises. Sometimes more than one occupier shares responsibility, and identifying the correct parties is a key step in any premises liability case.

What Must Be Proven in a Claim

Every claim turns on facts. Generally, the evidence must show that the occupier owed a duty of care, that the premise was unsafe in a way that created an unreasonable risk, and that the unsafe condition caused harm.

A lawyer will also review proof of loss, including medical records, treatment needs, and the effect the injury has had on daily life. This is where personal injury law intersects with documentation: liability must be shown, and the losses must be proven.

Evidence That Often Matters

These claims are frequently decided by what can be proven. Photographs of the scene, incident reports, maintenance or cleaning logs, and any available surveillance footage can be important.

In liability cases, witness information can also help establish what the premises looked like at the time of the incident and whether warnings were in place.

Common Causes For Premise Liability Injuries

Some hazards and negligence that may lead to a premises liability case include, among others:

Many claims arise from preventable maintenance failures: spills that are not cleaned promptly, poor lighting, uneven walkways, loose flooring, missing handrails, or cluttered areas. In slip and fall accidents, the key issue is often whether the occupier had a reasonable system for inspection and cleanup and whether that system was followed.

Winter conditions are another frequent source of liability in Ontario. Snow and ice can develop quickly at entrances, on ramps, and in parking areas. Where a premise has known trouble spots, proper monitoring and reasonable steps to address the risk become critical.

• Slip and falls or trip and falls
• Unsafe construction zones
• Falling debris
• Unsafe walkways
• Fire
• Snow and ice
• Unsafe structures
• Amusement park ride failures
• Poor maintenance of commercial property
• Insufficient security

What To Do After You Are Hurt On A Premise

Your health comes first. Seek medical attention promptly, even if symptoms seem manageable at the scene. If the injury occurred on a commercial premise, report it and ask that an incident report be created.

If it is safe to do so, take photographs, note the time and conditions, and gather the names of witnesses. If the incident involved a slip and fall, the surface condition and lighting can be relevant details.

Conditions can change quickly after an incident. Spills are cleaned, snow is removed, and footage can be overwritten. Speaking with a lawyer early can help preserve evidence before your claim is properly assessed.

How A Lawyer Can Help With Premises Liability

Strong advocacy begins with a careful investigation. A lawyer will identify the occupier, confirm who controlled the premises, and obtain records that show what should have been done to prevent the incident.

Where appropriate, experts may be consulted to explain how the condition created a foreseeable risk and to clarify responsibility.

In addition to proving responsibility, the value of a claim depends on evidence of loss. Depending on the circumstances, compensation may include medical and rehabilitation expenses, income loss, and other out-of-pocket costs.

In appropriate cases, a claim may also include pain and suffering. Our law firm focuses on presenting the evidence clearly so insurers and defendants understand the full impact of the injury.

Why Timing Matters In Ontario Liability Claims

Different types of personal injury matters can involve different procedures and time-sensitive steps. The earlier you speak with a lawyer, the more effectively your rights can be protected and your evidence preserved. This is particularly important where the incident involves a rental premise, a commercial premise with contractors, or records held by third parties.

If you are unsure whether your situation fits within premises liability or another area of injury law, speaking with experienced injury lawyers can provide clarity.

Bernstein Law Group offers a free consultation so you can understand the next steps, what evidence matters most, and how a premises liability lawyer can advance your claim for injuries on a premise in Ontario, including in Hamilton.

Landlords and property owners have a legal obligation to keep their premises safe and free from hazardous conditions. If you have been injured due to unsafe premises, you need an experienced personal injury lawyer to advocate for your rights and advance your claim.

If you or a loved one has been seriously injured while on someone else’s property, you may be entitled to advance a claim for your losses. Bernstein Law Group represents clients across Ontario, including Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.