Were you injured on another person’s property in Brantford, Ontario? If you were hurt due to the negligence of a person, business, or other entity, you could be entitled to compensation for your losses. Negligence by a property owner is typically addressed through a premises liability claim. An experienced Brantford premises liability lawyer can help you navigate the process as you seek payment for your losses.
Premises liability cases are different from many other personal injury cases because negligence will depend on what the property is and the defendant’s relationship to that property. Our dedicated legal team will help demystify your premises liability claim and identify who is responsible. Call Findlay Personal Injury Lawyers at (226) 401-5433 or contact us online today to schedule your free consultation.
How Can Findlay Personal Injury Lawyers Help After a Premises Liability Accident in Brantford?
The Brantford personal injury attorneys at Findlay Personal Injury Lawyers will fight hard on your behalf, whether that means negotiating aggressively with insurance companies or litigating a premises liability lawsuit. Our lawyers will determine what happened, where it happened, how your injuries happened, and who is responsible. We’ll take action in any of the following ways:
- Meeting with you for a free, no-risk consultation;
- Collecting evidence to support your claim, such as surveillance video, eyewitness statements, police reports, and medical reports;
- Working with insurance companies toward a fair settlement;
- Filing a personal injury lawsuit under the theory of premises liability;
- Handling all phases of your lawsuit;
- Taking your case to trial if the other side will not pay what you deserve.
With over four decades of experience in Brantford and surrounding communities in Ontario, our personal injury lawyers have won over $100 million in verdicts and settlements for our clients. Our dedicated attorneys work hard to advocate for our clients and pursue the compensation they deserve after being hurt on someone else’s property. Call our law office today to set up a free consultation with a Brantford premises liability lawyer.
What Does It Cost To Hire a Brantford Premises Liability Lawyer?
You might wonder if you can afford to hire a lawyer in your premises liability case. The good news is that there is usually no need to pay attorney’s fees upfront. Most Ontario premises liability lawyers work on a contingency fee basis. Under this arrangement, you only pay legal fees and costs if you win your case. Contingency fee arrangements allow accident victims to hire experienced lawyers without worrying about paying legal fees out of pocket.
If your case succeeds, your attorney will receive an agreed-upon percentage of your financial award. If your case is unsuccessful for any reason, you pay nothing. To learn more about how contingent fee agreements work, our lawyers will be glad to discuss more during your free consultation.
What is Premises Liability?
Premises liability allows accident victims to hold property owners legally responsible when the property owner’s negligence leads to an injury. In many premises liability cases, If a property owner fails to correct a hazardous condition they knew or should have known about, anyone hurt as a result can pursue a personal injury claim. The property owner, business, or other entity responsible for maintaining the property can be found legally liable and responsible for damages.
Property owners have duties of care to keep their property reasonably safe for those with permission to enter. Premises liability generally covers “invitees” such as business guests, customers, and anybody else with legal permission to be on the site. Premises liability typically does not extend to trespassers except in rare circumstances.
Common types of premises liability accidents can include:
- Slip and fall accidents
- Inadequate maintenance and repair
- Elevator and escalator accidents
- Falling objects
- Negligent security
- Retail store accidents
- Restaurant accidents
- Theatre and stadium accidents
- Bar and nightclub accidents, including negligent security
- Hotel and resort accidents
- Amusement park accidents
- Swimming pool accidents
- Daycare accidents
- School accidents
To establish a premises liability claim, you will need to explain:
- Where you were when the accident happened
- Why you were there (in other words, that you were allowed to be there)
- What happened
- How it happened
- Why the property owner is to blame for the accident.
Premises liability cases are not always as simple as they might seem. Proving your case can become quite complex in many situations. Property owners will almost fight your claim to avoid financial responsibility for your losses. A skilled premises liability lawyer will know what to do in your case and will work to hold the property owner accountable.
Common Injuries In Premises Liability Claims
Premises liability accidents can happen quickly and with no warning. Injuries can range from minor to catastrophic or even fatal. Frequent injuries in premises liability accidents include:
- Fractured bones
- Lacerations
- Sprained or torn ligament
- Concussions
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Nerve damage
- Paralysis
- Soft tissue damage
- Loss of vision
- Loss of hearing
- Loss of limbs
- Wrongful death
Serious injuries from a premises liability accident can often require lengthy rehabilitation, worsen your quality of life, reduce your ability to earn income and lead to long-term or permanent disability. The purpose of a premises liability claim is to make you whole again financially while you focus on your physical, mental, and emotional recovery from the devastating accident.
What Is the Value of My Premises Liability Case?
Not all cases are the same, and it is hard to guess the overall value of your premises liability claim without knowing all the details. Damages can include economic damages and non-economic damages in a premises liability claim.
Economic damages are the actual financial costs due to the accident, such as medical bills, lost wages, and out-of-pocket expenses. This type of cost can be seen through invoices, spreadsheets, and other documentation supporting the amounts claimed.
Non-economic damages seek to address emotional distress and the other unseen costs of the incident. Pain and suffering, long-term disability, mental anguish, loss of companionship, and reduced quality of life are among the non-economic damages you could pursue in a premises liability claim.
The overall value of a premises liability claim will depend heavily on the facts involved and how the accident affected you personally. Pinpointing the exact value of your case from the start is an imprecise exercise, but an experienced premises liability lawyer can give you a realistic estimate of your claim’s potential worth.
What Is Negligence in a Premises Liability Case, and How Can I Prove It?
Negligence is the legal theory underlying most premises liability cases. To prove the elements of negligence, you must show:
- Duty of care owed by the property owner to guests, visitors, and patrons;
- Breach of duty by the property owner to you under the circumstances;
- Causation between the property owner’s act or failure to act leading to your injuries;
- Damages, including medical bills, lost pay, and other losses caused by the accident
Your Brantford premises liability lawyer will use evidence to support your claim, which can include:
- Medical bills, records, and statements
- Photographs and video footage
- Police reports
- Incident reports from business owners and/or security staff
- Eyewitnesses to the accident
- Expert witnesses
- Maintenance logs and other records kept by property management.
Your lawyer will connect all the evidence available in your case to establish negligence by the property owner in a premises liability claim.
Can I File a Claim if I’m Blamed for an Accident in Ontario?
Ontario takes a pure comparative approach to contributory negligence, meaning that even if you had some share of fault for an accident, you can still pursue monetary damages. However, if you shared blame, your payment would be reduced in accordance with your percentage of fault. If you were found 40% responsible for a slip and fall, your payment would be reduced by 40% from what you would have normally received.
The key to remember is that you should meet with a premises liability lawyer even if you think you were partly to blame for an accident on someone’s property. You can still file a claim and recover as long as the other person is not 100% at fault.
What is the Statute of Limitations in Ontario for a Premises Liability Case?
Ontario applies a two year statute of limitations for most personal injury claims, including premises liability lawsuits. The two-year deadline typically starts at the date of the accident. While two years can seem like a long time, it is best to start building your case while evidence is accessible and witness recollections remain fresh.
If you miss the deadline to file your claim, you could permanently lose your ability to seek damages for your injuries. An experienced Ontario premises liability lawyer will make sure your lawsuit is filed on time while also taking the time to make sure your case is strong.
Contact a Brantford Premises Liability Lawyer for a Free Consultation
If you were injured on someone else’s property in Brantford, Ontario, you could file a premises liability claim if the other party was negligent. The legal team at Findlay Personal Injury Lawyers understands the challenges you face after a serious accident and will work diligently on your behalf. Contact our lawyers today to schedule a free consultation with a Brantford premises liability lawyer.