Occupier’s Liability Lawyer

Accidents can happen at any time, in any place, and result in painful injuries. They often occur because of someone else’s negligence, failure to follow proper safety procedures in the workplace, or just general reckless behavior. Injuries may also happen because of defects on someone else’s property, in which case an injured person may have a legal claim for damages. Our committed personal injury lawyers know how important it is to have financial security at this difficult time.

Property owners and occupiers are responsible for keeping their premises safe for visitors, and a failure to do so could make them liable for any injuries. If you have been hurt due to hazardous conditions on someone else’s property, our occupier’s liability lawyer in Chilliwack can help you file a claim for compensation.

Owners and Occupiers’ Responsibilities

British Columbia’s Occupiers’ Liability Act states that anyone who is in physical possession of a premises, has control over the premises’ conditions and activities, or controls the conduct of visitors has a duty to keep the property reasonably safe. The condition of the property usually means making sure there are no dangerous hazards, and taking reasonable steps to either fix the hazard or give adequate warning about it. For instance, an exposed electrical wire could shock someone, and the occupier must fix the hazard so it is no longer a danger to others.

There are some obvious examples of events or activities that could pose a high risk of injury if not performed properly, like shooting off fireworks. Less obvious is the duty to ensure adequate security to protect visitors. Faulty locks, poor fencing, and a lack of security patrols or cameras could be grounds for an occupier’s liability claim if inadequate security results in an injury.

Holding an occupier responsible for breaching their duty to make their premises safe will require a careful review of the facts. A skilled lawyer from our Chilliwack office can evaluate the situation and determine if an injury was due to a defect on the property that could have been reasonably fixed.

Definition of “Premises” and “Owners”

“Premises” is a general term that refers to a building and the associated land. A residential home and its yard, a supermarket and its parking lot, and a school and its playground are all considered premises. Under the Occupiers Liability Act, premises also include ships, trailers, and even aircraft.

The premises could have an owner, an occupier, or both, and sometimes one person may be both an owner and occupier. For example, a single person may own and live in a residential house. On the other hand, a company may own an apartment building but assign a separate company to manage its everyday operations onsite.

Figuring out who owns or occupies a premises is a complex but vital step when pursuing a claim for damages, as in a slip and fall case. The Occupiers Liability Act states that more than one person could be an occupier of the same premises. It is important to establish how many occupiers have responsibility because the Negligence Act apportions liability for damages based on the degree that each party is found to be at fault for an accident. A lawyer from Zacharias Vickers McCann LLP can help determine who was ultimately at fault for not keeping the property safe for visitors.

Learn More From a Chilliwack Occupier’s Liability Lawyer

You have a right to be safe from injury as a visitor on someone else’s property. If you have been hurt by a hazard or dangerous activities, a occupier’s liability lawyer from our Chilliwack office can help you pursue a claim for compensation.

With over 5 years in business, the team at Zacharias Vickers McCann can review your case and provide advice on your legal options. Call our team today to schedule a free consultation to discuss your case.