Slip and Fall Injuries in British Columbia
Slip and Fall Injuries in British Columbia
Many people in British Columbia are injured every year due to slip and fall accidents. These types of injuries can occur in almost any location, whether it is from a wet floor at a grocery store, or an uneven sidewalk. Injuries can also result from accidents due to snow, ice, liquid, or any other hidden hazards.
Slip and fall claims in BC are governed by the Occupier’s Liability Act. To be successful in a slip and fall claim, one must prove that the occupier was negligent to some extent. Note that an occupier’s duty of care does not require the occupier to remove every possibility of danger. The test is one of reasonableness, not perfection.
The Difference Between ‘Premises’ and ‘Property’
- ‘Property’ refers to the entire land, building(s), equipment, or structure(s) owned by the landowner
- ‘Premises’ refers to only the portion or components of the property that are subject to the lease.
What to Do Immediately After a Fall
Immediately after a fall, it is common to feel a sense of embarrassment. This is completely normal and to be expected. As human beings we are used to being in control of our bodies — a sudden, unexpected fall in public can make one feel self-conscious.
It is important however not to minimize your experience at the scene of a fall. If you are unable to move and require medical attention, stay where you are and request help at the scene. When you leave the scene, immediately seek medical treatment at a hospital or medical clinic. It is important to know that your actions — whether it is what you say, or what you do in the aftermath of a slip and fall, may influence the outcome of your claim especially when involving complex issues relating to liability.
We highly suggest that you contact a slip and fall personal injury lawyer at the earliest stage possible.
What to Do in the Days or Weeks After a Slip and Fall
As the days or weeks pass after the initial slip and fall accident, there is a high probability that you may be contacted by the occupier or by their insurers. It may seem that they are reaching out to assist you, but this is not always true.
If you are the victim of a slip and fall accident, you should contact your lawyer before communicating to avoid saying anything that could hurt your claim. It is also important to seek appropriate medical attention from a trusted physician to ensure you are thoroughly examined.
Making a Slip and Fall Claim
To prove that the occupier or owner of the premises is liable for your slip and fall injury, you must be able to prove that they failed to keep their premises in a reasonably safe condition. Evidence is necessary to prove this, so if you have been involved in a slip and fall accident, we suggest that you follow these steps:
- Take photos of the scene of an accident
- Collect contact details of any witnesses
- Report the slip and fall accident to the owner or occupier of the premises
- Take photos of and keep whatever footwear you were wearing at the time
- Make an appointment to visit a physician
Be Aware of Strict Time Limits
- Every province in Canada has a statute of limitations; limiting the amount of time an individual has to start a personal injury lawsuit. In British Columbia, you have up to 2 years from the date of injury to file a lawsuit.
- If you have been injured resulting from a slip and fall belonging to the City of Vancouver or other municipalities in British Columbia, written notice must be submitted within 60 days from the date of injury. If you do not give notice within the specified time frame, you may lose your ability to receive compensation for your slip and fall injuries.
Contact a Trusted Slip & Fall Personal Injury Lawyer
We advise that you contact a Vancouver personal injury lawyer who specializes in slip and fall claims. A lawyer will be able to assess your case, ensure your rights are fully protected, and advise whether or not you are eligible to receive compensation. For more information or to set up a free consultation with Tim Louis & his compassionate, trusted team of experts, call 604-732-7678 or email timlouis@timlouislaw.com
Source: Occupier’s Liability Act:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96337_01
By Tim Louis
