Negligence and Duty of Care
In personal injury negligence cases, establishing duty of care is essential. Simply defined, duty of care is an obligation of a person or organization to avoid careless acts that could potentially cause harm to others. In many circumstances, individuals have the legal obligation to act with an established minimum of care, attention, and prudence toward others. Duty of care applies to situations in which a hazard is caused by the condition of the property, such as a broken step, or activities that occur on the property. If individuals fail to uphold their duty of care, they will be found negligent – this negligence may be actionable in a personal injury claim.
What is Negligence?
Negligence is defined as one’s failure to take proper care when maintaining their property or conducting some activity. In Ontario, the Occupiers’ Liability Act realizes that occupiers ensure that visitors are reasonably safe while on their premises. Occupiers can fulfill their duty of care by posting signs to warn of hazards, routinely inspecting their property for new hazards, and removing snow and ice from walkways, sidewalks, and parking lots. Failure to adhere to the common standards of maintenance, however, may result in a breach of a duty of care. In turn, this could signal liability in the event of an accident or injury. For example, if a consumer suffers an injury while using a defectively manufactured product and the defect causes the injury, the manufacturer of the product may be held liable. In this instance, the manufacturer failed to uphold its duty of care to the consumer – this is classified as a breach of duty of care.
If you’ve been injured as a result of someone else’s negligence, you may be able to file a personal injury claim. Our team of experienced personal injury lawyers can guide you through the process and ensure that you receive the compensation that you deserve.