Sentences with phrase «occupier of the property»

The Appellant argues that the application Judge misapplied the pleadings rule and «wrongly assumed» the Respondents could not be occupiers (and so could avail themselves of the insurance policy) because the other family were also occupiers of the property.

Premises liability law involves the legal responsibility of owners and occupiers of property for mishaps experienced by persons on the property and the resulting injuries.

The Ernst's automobile insurance policy extends coverage to an ATV if it is both owned by the Respondents and the Respondents are not occupiers of the property on which the accident occurs.

Premises or property liability is an area of law that involves the legal responsibility of owners and occupiers of property for accidents and injuries suffered by persons inside or outside their property due to unsafe conditions.

In urban areas, that is the responsibility of the owner or occupier of the property, who can use legal methods to cull or remove foxes.»

that the defendant was the occupier of the property were the incident occurred; 2.

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.

If you walk on someone else's property, the occupier of that property owes you a duty of care to ensure that they take reasonable care to ensure your safety.

This is based on premises liability which holds that owners and occupiers of property have a duty to keep their property reasonably safe for visitors.

After an accident, if the individual suffered serious injuries and thinks someone else was at fault, he can bring a personal injury suit against the owner or occupier of the property.

The owner or occupier of any property has a legal obligation to make sure it is reasonably safe for those who are lawfully on the property.

Under the «slip and fall» theory of personal injury, owners and occupiers of property are legally responsible for accidents and injuries occurring on their property.

In addition, an owner or occupier of property may have a duty to post signs to warn others of unsafe conditions.

There must be an act of negligence or omission on the part of the occupier of the property to cause the injury.

When can the occupier of property be sued?

The occupiers of a property have a duty to prevent hazards from injuring guests, but they do not have a duty to prevent any type of injury from happening on the premises.

In this case, the Court of Appeal found it was possible for more than one party to be the occupier of the property where the accident took place at the relevant time, the pleadings disclosed enough facts to permit the Application Judge's conclusion that the Hellers and not the Respondents were occupiers (at the relevant time).

Owners or occupiers of property are obligated to protect persons lawfully on their property from injuries caused by dangerous conditions that the owner or occupier was aware of or should have known existed.

The court is entitled to split or apportion liability between two or more parties that might have some responsibility, so one could be the owner of the property or the occupier of the property.

help you understand your legal obligations as the occupier of the property; and 6.

By Michael Lesage In Ontario, the occupier of property is under a statutory duty to: «take reasonable care in the circumstances to make their premises safe.

When these accidents occur on someone else's property, the owner or occupier of the property could be potentially liable for all the injuries and damages you sustain in your accident.