Slip and Fall Injuries: Are you entitled to compensation?

Many British Columbian’s may unfortunately find themselves injured due to a slip and fall on someone else’s property. Sometimes businesses or municipalities may neglect to ensure their premises are reasonably safe and this could result in someone suffering injuries through no fault of their own.

Slip and fall injuries often arise as a result of unsafe conditions in someone else’s home, on sidewalks or in businesses. Hazardous conditions which commonly lead to these injuries include liquid on floors, ice or snow in parking lots, missing handrails on stairs, and uneven ground on sidewalks. These hazards are sometimes caused directly by the lack of care or foresight by owner or tenant.

Occupier’s Liability Act

The law in British Columbia that oversees this type of incident is the Occupier’s Liability Act. This Act stipulates that an occupier of a premises owes a duty of care to ensure that any person will be reasonably safe in using the premises. Generally, there is a two-year time limit for an injured individual to bring forth a claim against the occupier.

So, what exactly is an occupier?

An occupier under the Act is any person who is either in physical possession of premises, or has responsibility for, and control over, the condition of premises, the activities conducted on those premises and the persons allowed to enter those premises.

Under this Act, there may also be more than one occupier of the same premises such as a tenant leasing the property and the actual owner of the property.

What duty of care does an occupier owe?

An occupier is effectively responsible for ensuring that you are reasonably safe while you are on their premises. This duty of care applies in relation to the condition of the premises, any activities on the premises, or the conduct of third parties on the premises. However, an occupier does not have to ensure that all risks of harm are protected against. They must only take reasonable steps to ensure that a person is safe while on the premises. This includes putting up warning signs, or regularly maintaining the premises. If an occupier fails to take reasonable steps, they may be liable for any injuries you suffer as a result of their negligence.

In order to successfully pursue a claim for compensation, you must show the following:

1.       there was hazard on the premises;

2.       the occupier should have been aware of said hazard and did not take reasonable steps to rectify the hazard; and

3.       that you suffered injuries due to the occupier’s negligence.

Certain evidence is also required to successfully pursue a claim for compensation. Some examples include CCTV footage, pictures of the unsafe premises, medical records and names of any potential witnesses. Gathering this evidence may be complicated and for this reason, the support of an experienced slip and fall lawyer is essential.

Compensation for a slip and fall injury is dealt with on a case-by-case basis, taking into consideration factors such as:

·         the severity of the injuries and the length of time of your recovery;

·         lost income resulting from your injuries, including any future lost earnings;

·         out of pocket expenses related to the injuries; and

·         costs of future care such as rehabilitation or prescription medicines.

If you believe you have strong grounds to make a claim arising from a slip and fall incident, then we invite you to contact our office at Apna Law LLP for advice. We may be able to assist you in ensuring that you receive adequate compensation which reflects the circumstances of your claim.