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When Can a Personal Injury Suit Be Filed against an Establishment?

When Can a Personal Injury Suit Be Filed against an Establishment?

If someone is lead to suffer from personal injuries due to the negligence of another, they can make a claim for past and future losses. This means that they may be entitled to certain compensation should they be the victim of a mishap in a business establishment because of a lack of warning or of an incident brought about by product defects.

When a person wants to sue a company for personal injuries, there are two laws that could back their claim. These are the Premises Liability Laws and the Product Liability Laws. Here are some basic information about these:

Premises Liability Laws

When Can a Personal Injury Suit Be Filed against an Establishment?

According to the Occupiers Liability Act, property owners, or occupiers, have the responsibility to take reasonable measures that would guarantee the safety of people within their properties. The following are examples of establishments where the owner of the property is responsible for the safety of those in the premises:

● Amusement parks
● Restaurants, bars, and clubs
● Hotels
● Hospitals, nursing homes, and other healthcare facilities
● Schools
● Factories and offices

Ontario laws expect property owners to be responsible in ensuring that their premises or territory is free of safety hazards that could cause harm or endanger anyone.

The most common type of injury that one might suffer in within another person’s (or a businesses’) premises are slip and fall injuries. These may be caused by:

● Failure to clean spills on time
● Failure to inspect premises for hazards and performing repairs as needed
● Failure to salt, sand, or remove ice on walkway or driveway
● Insufficient lighting that makes the environment unsafe or hazardous
● Drowning hazards without sufficient warning or safety precautions

Product Liability Laws

When Can a Personal Injury Suit Be Filed against an Establishment?

When a consumer buys an item, the manufacturer of that item is obliged to make sure that the product they have purchased is safe, carries the proper label, and reaches a certain level of quality. There are three types of defects that may make the supplier or manufacturer liable:

● Marketing Defects – These defects are present after the product is manufactured. These could be mistakes in labelling, inaccuracy or the lack of instructions, or errors in or absence of warnings.

● Manufacturing Defects – These defects happen during the production of the item itself.

● Design Defect – These are defects that occur even before the product is manufactured. These are flaws in the design itself that could cause the product to malfunction or be unsafe.

The Role of Personal Injury Lawyers

When Can a Personal Injury Suit Be Filed against an Establishment?

Sufferers of personal injury due to product defect and the negligence of property can file a suit with the help of a personal injury lawyer. Those living in the Greater Toronto Area can find many qualified and highly experienced personal injury lawyers in Richmond Hill and throughout the GTA who can help with their case.

With the assistance of personal injury lawyers, victims may be rewarded medical assistance or cash for whatever income they lost due to the incident. In Ontario, 90% of the cases end in a settlement before the suit can be brought to trial.

Implications on Businesses

When Can a Personal Injury Suit Be Filed against an Establishment?

Businesses should take extra caution to avoid the expenses of facing charges and equally expensive settlements (as well as a negative impact on their reputation). Business establishments should prioritize property maintenance or quality product manufacturing (and marketing) operations.

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