Keep Safety in Mind During Summer Activities
Keep Safety in Mind During Summer Activities
The weather is getting warmer, days are getting longer, and people are anxiously awaiting summer. No matter what you are planning, it is important to keep safety in mind when setting out.
Understanding the Law.
In Canada, we have laws in place designed to protect people from harm and provide recourse in the event of an accident.
When it comes to personal injury claims, the Occupiers’ Liability Act (OLA) is legislation that covers private property and public spaces, including municipal property, and establishes a statutory duty to ensure that those entering a premises are reasonably safe.
The Act applies whether the danger is caused by the condition of the property or by an activity carried on there. The occupier does not necessarily have to be the owner. Those responsible for having a “duty of care” can be the person who is considered to have adequate control over the premises at the time of the injury.
For example, if you are at a friend’s pool party and get hurt in a fall, the homeowner (or occupier) can be held liable. The same would apply if you suffered an accident due to negligence at a privately owned amusement park, a short-term rental such as a cottage or an Airbnb, or a municipality-run splash pad.
However, it is important to note that property owners are not held to a standard of perfection. Instead, they must do what is reasonable to prevent foreseeable accidents or minimize risk. It should also be noted that occupiers are not typically liable for hazards that guests knowingly and willingly assume or for injuries sustained by trespassers.
Another thing to consider if you have been hurt in any accident is that time is not necessarily on your side. Under the Limitations Act, 2002, you are required to file a claim in court within two years of discovering the injury or loss.
Staying Safe This Summer Starts With You.
Warmer weather presents new avenues for fun, and for many, there is nothing better than getting out on the open road on a motorcycle. However, riders face much more dire consequences than motor vehicle drivers in an accident, according to research from J.D. Power, which states “most fatalities or major accidents are not a result of faulty machinery or improper safety features” but “human carelessness and irresponsibility.”
Motorcyclists and bicyclists are considered to be vulnerable road users since they do not have the protection provided by an automobile. There has been a concerted effort to encourage more people to cycle. However, riding in a bike lane does not guarantee a safe trip. A rider must also consider road and weather conditions, drivers, inattentive pedestrians and other cyclists.
The warm weather is also the perfect time for friends and family to get together. However, if you are hosting a gathering, you have a responsibility for the safety of your guests. Beyond a duty of keeping your premises free from hazards, you also have to take precautions to ensure that guests are not served to the point of intoxication.
Consider All Your Options.
Any injury can have lasting consequences requiring time off work and treatment, which can put a strain on your finances. A quick insurance settlement might seem like a good idea at the outset, but it may not cover your long-term needs. Don’t sell your future short.