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Occupier's Liability

Property owners, whether commercial, residential or otherwise, have a legal obligation to keep their properties safe so that those who enter do not get injured. Not all property owners abide by this obligation however. Places that you may assume are safe, like hospitals, shopping malls, parking lots, schools for example, may not be properly maintained.

A commercial property owner or property management company may inadequately remove ice and snow, causing someone to slip and fall and get injured. A railing on a staircase may not be properly secured, again, causing someone to slip and fall and become injured. There are numerous examples of negligence that can lead to an occupier’s liability claim.

These circumstances are governed by a piece of legislation called the Occupier’s Liability Act. How do you know if someone is an “occupier” as defined by the law? The Act states that an occupier is someone who is in physical possession of a premises or a person who has the responsibility for and control over the condition of the premises, or control over the people allowed to enter the premises.

It is often tricky to determine who an occupier may be in a given circumstance, who the negligent party may be, and if you have a valid claim. The occupier’s liability lawyers at Bergel Magence can alleviate your stress and eliminate any confusion, so that you can focus on your recovery. If you have been injured on someone else’s property, get in touch with a Bergel Magence team member to discuss your occupier’s liability claim during your free, no-obligation consultation.

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