Pedestrians, on the other hand, may be eligible to sue the construction company and/or property owner.This situation is covered by the Occupier’s Liability Act.Section 3(1) of the Act reads in the following way:
“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”
Normally a construction company and/or a property owner will be considered to be an occupier.Falling debris, uneven walking surfaces and other hazards may occur as a result of a construction company’s failure to comply with this obligation.
Damages that are often sought in such cases include emergency care, ongoing medical expenses, including rehabilitative therapy, lost wages and future loss of income, home care costs, and damages for pain and suffering.
If you or a loved one has been injured at a construction site, either as a worker or a passerby, Mackesy Smye has the legal experience, knowledge, and skills to get you the compensation you deserve.
Injuries can happen anywhere and just because you bought a ticket or registered for an event, doesn’t mean you waived all legal right to a reasonable standard of care. Read this post to learn more about public space accidents and how to proceed with filing a personal injury claim.Read Article
Owners and landlords need to maintain premises so as a visitor or a guest, you're safeguarded from danger and aren't put at risk due to negligence. This article offers insights to help you understand premises injuries and determine if you have a case - click to read more.Read Article
It is important to know that both property occupiers and owners have a legal responsibility to avoid exposing lawful visitors to any risks on the property. It is important to keep the property safe. What constitutes a dangerous property? Read this post to learn more.Read Article
In alcohol-related accidents, the drunk driver is at fault, but he’s not alone. The list of culpable parties extends beyond the drinker, though to those who served the drunk driver. Is it possible to hold everyone involved responsible? Read this article to learn how to hold others accountable.Read Article
It’s the nightmare scenario – traveling from floor to floor in a high rise building when the elevator shudders, coming to a sudden halt. Concern turns to panic as minutes seem like hours waiting for help, while worrying about the elevator failing & plunging to the bottom floor. If you’ve suffered anxiety or injury in an elevator failure, read this article to learn your options.Read Article
If your child is like one in five Canadian children, he or she’s visited the doctor for x-rays and left the clinic with a bright pink or fluorescent green cast on their arm.Read Article