Calgary Litigation Boutique Handling Occupiers’ Liability Claims

If a member of the public is injured on premises occupied by a person or corporation, that occupier may be faced with a civil claim for damages. Occupier’s Liability claims can be costly and time-consuming, and requires specific knowledge of about personal injury, insurance, and contract interpretation.

HMC Lawyers is a litigation boutique with significant experience defending claims against occupiers. We will act quickly to assess an occupiers’ claim to determine any potential exposure to liability, and help clients develop the best strategy to mitigate potential legal costs. Our Insurance Team knows how to build the strongest defence for our clients and works strategically to do so.

Occupiers’ Liability Claims in Alberta

Occupiers’ liability claims can be brought against any person that had control over the premises where an accident occurred. This means that any party with a degree of possession of a property, even on a temporary or partial basis, may be considered an occupier at law. This could include a property owner, manager, landlord, tenant, or temporary lessee. On some occasions there could be more than one legal occupier of a property at a given time.

Occupiers are required to take reasonable steps to keep a property safe for anyone entering it. For example, in an indoor commercial property like a shopping mall or grocery store, occupiers are expected to take reasonable steps to keep the floors clear of hazards. 

Proactively Protecting Landlords and Property Owners from Occupiers’ Liability Claims

At HMC Lawyers, we believe that the best way to avoid litigation is to take proactive steps to prevent claims before they arise.We regularly advise commercial landlords, owners, and tenants about their potential liability and provide advice aimed at minimizing risk exposure through the placement of proper insurance and utilization of appropriate commercial lease language.

Some of the ways we can assist include:

• Reviewing leases and rental agreements;
• Reviewing maintenance and third-party contracts;
• Reviewing records, including maintenance and construction;
• Negotiating third-party indemnity clauses and agreements; and
• Arranging site reviews to assess potential liability.

Practical Legal Advice for Parties Facing Occupiers’ Liability Claims

Our Insurance Team takes the time to understand the needs and perspective of commercial occupiers, and endeavours to resolve occupiers’ liability claims through responsive and forward-thinking legal work. Although we are always prepared to take matters to trial, we also look for ways to settle matters through alternative dispute resolution and take every available opportunity to minimize costs for our clients.

If you have questions about your potential liability as an occupier, or if you are facing an occupiers’ liability claim, make an appointment to speak with one of our lawyers. Call 1-800-480-3534 or contact us online.