Sentences with phrase «occupier liability»

After dismissing the plaintiff's claim under British Columbia Occupiers Liability Act, [2] the Court assessed the negligence claim.

As in typical occupier liability claims, courts will look to expert evidence detailing the industry standards and expectations when determining whether the precautions that were followed were reasonable.23

The British Columbia Occupiers Liability Act (OLA) provides the legal basis for most slip and fall claims in the province.

At paragraphs 81 - 101 the Court sets out a lengthy list of applicable legal principles in occupiers liability cases concerning the use of a gangway.

Personal Injury Claims Slip and Fall Accidents Occupiers Liability Animal Attacks Burns, Scarring and Physical Disfigurement

According to British Columbia's Occupiers Liability Act, owners and occupiers of real estate must make sure the premises is safe for people who enter upon the property.

• Animal Welfare • Child Protection • Class action litigation • Construction claims • Defamation • Employment law • Environmental liability claims • First party property claims (fire, explosion, theft, vandalism, and other weather - related claims) • Human Rights • Landlord / tenant matters • Occupier liability claims • Quasi-criminal prosecutions • Special risks • Transportation matters

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

However with the introduction of the Occupier liability Act the common law... Continue reading →

The law regarding this type of accident is largely governed in British Columbia by the provisions of the Occupiers Liability Act.

If someone is injured owing to the existence of the dangerous condition on the premises then that person can sue the owner for damages under the Occupier Liability Act in BC.

Due to a property owner's duties under the Occupiers Liability Act, you may seek compensation for attacks on the premises.

The right to claim for compensation in these circumstances is governed by the Occupiers Liability Act in British Columbia.

Under British Columbia's Occupiers Liability Act, owners and occupiers of property have a duty to ensure that the premises is reasonably safe for those who enter it.

The Occupiers Liability Act applies to dangerous conditions on property, so it may be possible to seek compensation for attacks on the premises.

Since property owners are responsible for ensuring the premises are reasonably safe for others, you may have a claim under the Occupiers Liability Act for onsite attacks.

If you are injured by a dog on the dog owner's property, you may be able to make a claim against the dog owner under the Occupiers Liability Act.

Since then I have spent most of my 30 - year legal career involved in complex personal injury cases — prosecuting and defending a wide range of claims arising out of almost every type of accident, including: school litigation, occupiers liability, automobile and powerboat accidents, and medical malpractice claims.

I know think under «premises / occupiers liability» you aren't allowed to set up things like booby - traps, to stop trespassers / invaders.

Under the Occupiers Liability Act, home... [more]

Many of these accidents fall under the Occupiers Liability Act of BC.

Under British Columbia's Occupiers Liability Act, owners and occupiers have a duty to ensure that the premises is reasonably safe for others.

This source of this duty is the British Columbia's Occupiers Liability Act, which applies to those in physical possession of the premises, as well as:

If you were injured in a slip and fall accident in Coquitlam, your claim will generally be brought under the Occupiers Liability Act.

When the property or business owner fails to uphold this duty and injuries occur, the victims can file an insurance claim under the Occupiers Liability Act.

Under the Occupiers Liability Act, individuals and entities that are «occupying» property in British Columbia owe a duty of reasonable care to all people who come onto their premises, whether as a customer, an invited guest, or a permitted passerby.

The Occupiers Liability Act states that if someone suffers an injury on someone else's property because the owner or person in control of the property at the time of the accident was negligent in some way, they can seek financial recovery for any resulting damages.

In BC, the Occupiers Liability Act covers property or premise liability, and requires that property owners — home owners, business owners and municipalities — keep their premises safe and in good condition to make sure that visitors aren't injured.

Many insurance companies will try to blame the victim in the case of injuries related to occupiers liability.

This work has included a wide variety of claims, including those relating to media defamation, occupiers liability, health care, professional errors and omissions, transportation, construction, environmental, pollution, fidelity and manufacturing or design defects.

The statutory duty of care, as per s. 3 of the Occupiers Liability Act and Mainardi v. Shannon 2005 BCSC 644 (CanLII), does not require an occupier to remove every possibility of danger.

Although Ms. Robinson is unable to say what precisely she slipped on, the Appellant is found 100 per cent liable under the Occupiers Liability Act, RSBC 1996, c 337.

I specialise in all areas of Claimant personal injury work, including employers liability, occupiers liability, road traffic accidents including pedestrians and cyclists and highways claims.

Laura Trezise outlines a successful defence of an asbestos related claim pursued under the Occupiers Liability Act

Insurance litigation with emphasis on Motor Vehicle Accident Benefit Claims, Motor Vehicle Liability, Personal Injury, Catastrophic Injury Claims, Coverage Opinions, Occupiers Liability, Social Host, CGL losses, Product Liability, Defence of Insurers and Insureds; and Liability and Casualty insurance.

Joanne has a substantial personal injury practice acting for both Claimants and Defendants in employers» liability, public liability, occupiers liability, product liability and road traffic cases.

She has experience in all areas of civil litigation including medical malpractice, motor vehicle accident claims, long term disability claims, occupiers liability claims and professional negligence actions.

The Occupiers Liability Act dictates that any person, business, or organization that has control of a property has a duty to maintain it.

In doing so the court confirmed that a landowner owes a duty under the Occupiers Liability Act 1957 (the 1957 Act) only to those who use its land within the terms of the licence granted to them by the landowner.

The relevant law is the Occupiers Liability Act - unless you are employing people (which may be the case if you are contracting work e.g. the gardening) «health and safety» law is not applicable.

In Ontario, the Occupiers Liability Act governs this area of law and places a duty on property owners (homeowners, business owners, tenants) to keep their premises in a reasonably safe condition to prevent injury of visitors, for appropriate steps to be taken to correct any hazardous conditions and to warn persons of any hazards on the property.