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Personal Injury Lawyer In Etobicoke – GSK LAW


No matter what type of injury you’re going through, you’ll want to get a personal injury lawyer in Etobicoke to help assist you through your case.

When it comes to going through a personal injury on someone’s property or someone getting injured on your property, getting a personal injury lawyer in Etobicoke is one of the first things you’ll want to do, especially if that personal injury involves trespassing.

The first thing that many people experience when someone gets injured on their property is anxiety and nervousness. There is a certain way to handle things when someone is trespassing on your property and then gets injured.

After you spot someone on your property, a gut reaction might be to attack them or try to scare them off of your property. This might not always be a wise approach because many people might not even understand that they are on private property at the time.

What do you do if that person trespassing on your property turns out to be injured? Would the owner of the property be liable for the personal injury? Not everyone gives this much thought, but it does happen.

Canada – Trespassing and Liability

The three different factors surrounding the law on trespassing are:

Tort Law

When someone is on your private property without being given permission to do so, that’s called trespassing. Another term that this is known for is “trespass to land” and it’s a very old tort when it comes to common law.

Someone that is trespassing can be sued for their activity, and this includes any applicable damages that are caused due to their behaviour. If someone is on your property in the middle of the day and there is no sign saying that it’s private property, people might think that it’s just a public trail. Seeing an open trail with no private property or trespassing signage might cause people to think that the trail is free to walk on, but a property owner can request someone on the property to leave at any point in time.

Provincial legislation

There are other factors to consider when it comes to trespassing, as well. If someone is on your property doing illegal activities and not leaving after you’ve told them that they are on private property, then that is against the law.

There are a couple of settings where someone would be considered a trespasser in Ontario:

  • If they are in a private garden
  • If they are in your field
  • If they are on property that is fenced in or has animals enclosed on it
  • If there is relevant signage up stating that it is private property

If people are walking in a natural area that doesn’t state that it is privately-owned, then that doesn’t exactly mean that it is trespassing. Some people like to go hiking and going for recreational walks and might not be aware that they are on private property. If the person has a good reason to be on the property, they may also not be charged. There needs to be applicable signage that states that someone is trespassing, otherwise someone might think they have implied permission to go on the property.

Criminal law

Trespassing laws in Ontario can sometimes get confusing. If someone is trespassing between the hours of 9 pm and 6 am, they won’t be able to use the implied permission to defend themselves in court. Walking around someone’s property between these hours is an offence according to the criminal code of Canada.

When someone is wandering around your property between those hours, that’s known as loitering. It means that someone isn’t really intending on being anywhere specific, and it’s usually done more covertly. 

What About Liability?

Premises liability is a term used to describe a setting where a person was injured because a certain part of the property wasn’t safe. It doesn’t matter if it’s the tenant, the owner of the property, or the person that the property was entrusted to, they will be responsible for what occurs on the property. Some examples of the properties are:

  • Stores
  • Restaurants
  • Parks
  • Hospitals
  • Retirement home
  • Government roads, sidewalks, and buildings
  • Schools
  • Cottages
  • Pools
  • Parking lots
  • Boats
  • Trailers used for traveling
  • Hotels
  • Factories
  • Offices
  • Apartments

Whoever is upkeeping the maintenance of the properties will have to make sure that the properties are safe for anyone who is visiting. If an injury occurs because the property isn’t safe, then the responsibility could be shifted in their direction. 

If someone is visiting a property, it’s the responsibility of the property owner or caretaker to make that person aware of any potential hazards that might be on the property. If there is a certain area of the property that is very slippery, then the property owner should place relevant signage around that area stating that.

A property owner would have to be directly responsible for the cause of a problem that resulted in someone slipping and falling on their property for them to be held liable.

Some actions you can take to ensure your property is safe from premises liability are:

  • Always keep your walkways clear from hazards
  • Ensure that there is ample lighting indoors and outdoors
  • Make sure that you have a landing between your doorway and your stairs
  • Make sure that you don’t have any chemicals for your pool accessible to anyone

In What Cases Is The Property Owner Not Liable?

There are some cases where the owner of a property isn’t liable for personal injuries and accidents that happen on their property.

In the following cases, the owner would most likely not be liable:

  • If the owner didn’t act out of anger by dismissing the safety of the visitor on their property
  • If the person that is injured had intentions to commit criminal acts

When people are visiting a recreational property that doesn’t contain a fee, they typically assume the risks involved. This can be applied to situations like:

  • Golf courses
  • Private roads
  • Forests
  • Trails

If a competent contractor is working on a property and undergoes an injury, the homeowner will need to make sure that the place they are working on doesn’t have any obvious hazards.

If you’ve recently had a trespasser on your property that has gotten injured, you’ll want to consult with a personal injury lawyer as soon as you can.

Third-Party Injuries

Sometimes a third party might be liable for injuries that might have occurred to someone trespassing. If there are contractors working somewhere on the property and they accidentally leave a hazard somewhere on the ground without having appropriate signage around, they could end up with the liability for damages that occur.

Something like this is known as potential joint liability. It happens when the property owner didn’t take proper precautions in order to prevent any unforeseen injuries. Each party might be liable for injuries that occur in a situation like this.

Trespassing laws in Ontario can get confusing, and getting a personal injury lawyer through GSK Law is the best thing you can do to make the process more understandable.

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