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Occupier Liability Claims

Occupier’s liability claims refers to accidents that occur due to the negligent maintenance or hazardous conditions upon property owned by someone other than the injured victim. In Ontario, an occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises are reasonably safe while on the premises. Occupier’s liability accidents can include, but are not limited to slip and fall accidents caused by:

  • snow and ice
  • improperly constructed stair cases
  • wet floors
  • uneven floors
  • worn carpeting
  • poor lighting
  • worn or broken staircases
  • worn or broken sidewalks or steps

Prompt legal advice and attention to these claims is essential. Often the evidence to establish negligence on the owner of the property will not be available indefinitely. Also, in certain circumstances, the injured victim is required to give notice of their claim to the property owner within days of the incident occurring or else the claim could be statute barred for ever.

Raphael Barristers are skilled negotiators with an excellent settlement success rate through alternative dispute resolution, such as mediation and arbitration. However, where a trial may be necessary, we have a team of experienced trial lawyers with proven trial expertise.

Raphael Barristers has an admirable record of successful trial results and settlements for their clients and have the respect of insurance companies, Mediators, Arbitrators and Judges. We have earned the respect of our colleagues and they frequently refer us their complex Occupier Liability cases.

Affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or Judgment at trial. That means you would only be required to pay the lawyers fees if a settlement is achieved or Judgment is obtained at trial. If the case is not successful then you would not be charged any fees.

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