Slip and Fall Claims in BC
A plain-language overview of how slip and fall claims work, what can strengthen a case, and what to avoid early on.
Read: Slip and Fall Claims in BCWinter Slip and Fall in Vancouver
Vancouver winter slip and fall claims
Winter Slip and Fall in Vancouver: What Evidence Helps and What Deadlines Matter
by Personal Injury Lawyer Tim Louis
If you slipped on ice, snow, or slush in Vancouver, the two things that matter most are evidence and deadlines. Where you fell can change who may be responsible and whether you must give written notice to the City within two months.
Speakable summary: Winter evidence disappears fast. Take photos, lock down the exact location, report the incident, and get medical documentation early. If the fall may involve City property, you may be on a short notice deadline, so it is worth getting advice before time runs out.
Vancouver winter falls happen fast, and so do the deadlines
In Vancouver, winter injuries often happen in ordinary places: a front step that looked fine an hour ago, a parkade ramp that turns slick when temperatures bounce above and below zero, or a lobby entrance where slush gets tracked in and refreezes near the door. The key issue many people do not realize is that the timeline can start immediately, and it can be short depending on where you fell.
Typical January hazards include:
- Black ice after melt and refreeze cycles, especially early morning and shaded areas
- Slush tracked into lobbies and shops that creates a slick film
- Parkade ramps and painted lines where slope and smooth concrete combine
- Exterior stairs with poor lighting, worn nosings, or missing handrails
- Strata walkways and entry mats that shift, curl, or slide underfoot
First 60 minutes after a fall (what to do without overthinking)
You do not need to turn into a lawyer at the scene. You just need to protect your health and preserve the basics, because winter evidence disappears fast.
Keep it simple: health first, photos second, identifiers and reporting third.
-
1
Get medical help if you need it
If you hit your head, feel dizzy, have severe pain, or cannot safely walk, get help right away. Even if symptoms seem minor, early documentation matters because soft tissue injuries and concussion symptoms often show up later.
-
2
Take photos before conditions change
Ice melts. Slush gets mopped. Salt gets spread. Signs appear after the fact. If you can, take:
- Wide shot: where you are (include the building, entrance, or street context)
- Mid shot: the path you were walking and your direction of travel
- Close-up: the hazard (ice, slush, puddle, uneven edge, curled mat, missing grit)
- Scale reference: include something familiar like a shoe, phone, keys, or your hand beside the hazard
If it is safe, take a short video walking the area slowly. It often captures slope, lighting, and the “feel” of the space better than still images.
-
3
Capture identifiers so the location cannot be disputed later
Write it down in your phone notes:
- Exact address
- Nearest unit number or storefront
- Stairwell number or building entrance label
- Parkade level, ramp name, stall number, or gate location
If it is City-related, note the nearest intersection, landmark, or street sign.
-
4
Report it, even if you feel awkward
Ask for an incident report if you are in a store, building, or parkade.
- Request a copy or a photo of what they wrote
- Record the name and role of the person you told (manager, concierge, security, caretaker)
- Note the time you reported it
If the building has cameras, ask them to preserve the footage. Many systems overwrite quickly.
-
5
Get witness details
Witnesses often disappear before you realize you need them.
- Names and phone numbers
- What they saw, in one sentence
- Where they were standing
Even one neutral witness can matter.
-
6
Keep your footwear as-is
Do not clean the soles yet. Put the shoes aside in a bag. Footwear often becomes part of the “what happened” discussion later, and it is better to preserve it than to guess.
Free consultation. If you were hurt in a winter fall and you are worried about proof or deadlines, call 604-732-7678 or email timlouis@timlouislaw.com.
Where did you fall? This determines who may be responsible
In winter slip and falls, the injury is only half the story. The other half is the location. A fall in a grocery store entrance is handled very differently than a fall on a city sidewalk, even if the injuries look the same.
Quick rule: First identify the space. Then identify who controlled it. That usually tells you which legal lane the claim starts in.
Simple decision tree (use this right away)
If
the fall happened inside or right outside a business, rental, strata, or parkade
Start by treating it as private property and identify who controlled the space.
If
the fall happened on a city sidewalk, street edge, or public pathway
Treat it as public property and assume extra notice rules may apply.
If
you are not sure which it was
That uncertainty is common, and it is a reason to get advice early, because the deadline lane can change.
Private property (stores, rentals, strata common areas, parkades)
If you fell on property owned or controlled by a private party, the claim is usually assessed under the Occupiers Liability Act and the occupier’s duty to take reasonable care.
An “occupier” is not always just the owner. It can include:
- a tenant or business that controls the space (storefront, restaurant, clinic)
- a landlord or property manager
- a strata corporation (common areas, walkways, stairs, parkades)
- a maintenance contractor, depending on who controlled snow and ice removal
If you are not sure who controlled the area, that is common. It is often clarified by management contracts, strata documents, or maintenance records.
City sidewalks, streets, and some public pathways
If you fell on a City sidewalk or another public space, extra rules can apply.
Municipal claims may involve:
- special notice deadlines, in addition to the normal limitation period
- different legal tests than private property falls
Vancouver has its own framework under the Vancouver Charter, and other BC municipalities generally fall under Local Government Act notice rules. The practical takeaway is simple: public property falls can come with shorter, stricter steps.
A quick caution about mixing rules: People often assume the same rules apply everywhere. They do not. A “slip in a parkade” and a “slip on a public sidewalk” can start in two different legal lanes, even if both involved ice. If you are uncertain whether the spot was private property, strata common property, or City space, that uncertainty alone is a reason to get advice early.
Free consultation. Call 604-732-7678 or email timlouis@timlouislaw.com.
The legal basics, in plain language
Occupiers Liability Act (private property falls)
On private property, the core idea is that an occupier must take reasonable care to keep people reasonably safe. Winter does not make a property owner responsible for every fall, but it does raise expectations around monitoring and maintenance when conditions are predictable.
What “reasonable” often turns on:
- Inspections: how often someone checked the area (especially entrances, stairs, ramps)
- Salting or sanding: whether it was done, and when
- Logs and records: maintenance notes, contractor schedules, cleaning checklists
- Warnings: signs, cones, blocked-off areas, placement and timing
- Entrance control: mats, drainage, wet-floor protocols, slush tracking plans
- Lighting and stairs: visibility, handrails, tread condition, stair nosings
- Prior issues: earlier complaints, previous slips, known trouble spots
This is also where evidence becomes powerful. A good photo taken before conditions change can be worth more than a long explanation later.
City of Vancouver winter sidewalk expectations (the 10:00 a.m. reality)
Vancouver’s public messaging around snow and ice is clear: residents and businesses are generally expected to clear the sidewalk next to their property, and the City commonly references clearing by 10:00 a.m. after snowfall.
That does not automatically decide fault, but it helps frame what “reasonable steps” can look like in Vancouver winters, especially when conditions are forecast, repeat, or easy to anticipate.
In practical terms, it gives you a timeline to document:
- when the snow fell
- what the sidewalk looked like when you fell
- whether there were signs of recent clearing, sanding, or salting
- whether the hazard looked like it had been there a while
If your fall may involve City property or a public sidewalk, the next section on deadlines and written notice is the one to read carefully. That is where many otherwise valid claims get tripped up.
Deadlines that matter most
In winter slip and fall cases, time is not just a detail. It can decide whether a claim even gets off the ground. The tricky part is that the deadline depends on where you fell, and public property claims can come with a separate notice requirement that runs much faster than most people expect.
Do this now: If you are not sure whether it was private property, strata common property, a City sidewalk, or another public space, make a note of the exact location today. That single detail often sets the timeline.
⏱️ Vancouver Charter notice (2 months)
City of Vancouver claims can require written notice within two months
If your claim is against the City of Vancouver, the Vancouver Charter requires written notice to be filed with the City Clerk within two months of the date the damage was sustained. The notice must set out the time, place, and manner in which the damage occurred.
Practical points people miss:
- Two months means two months, not “when you feel better” or “when you get the report.”
- Keep the notice clear and specific. Aim for:
- the exact date and time
- the precise location (address, nearest intersection, landmark)
- how it happened in plain language (example: “slipped on ice on the north sidewalk in front of …”)
- photos, witnesses, and your first medical visit date if you have them (not required, but helpful context)
Courts can excuse a missing or insufficient notice in limited circumstances, but that is not something you want to rely on. Treat the two-month notice requirement as a hard deadline.
Direct City link (save this):
vancouver.ca — Claims information
⏱️ Other BC municipalities (Local Government Act notice, 2 months)
Outside Vancouver, many municipal claims have a similar two-month notice rule
Outside Vancouver, many claims against a municipality or regional district fall under the Local Government Act notice rule. Section 736 says the local government “is in no case liable for damages unless” written notice is delivered within two months, setting out the time, place, and manner of the damage.
The Act includes a limited safety valve where notice may still be accepted if there was a reasonable excuse for missing it and the municipality was not prejudiced by the delay. In real life, that can be a narrow lane. It is far safer to act as if the two-month notice rule is firm.
If you even suspect public property could be involved, it is worth getting advice early, so you do not lose time trying to guess who owns the sidewalk or pathway.
📅 The general limitation period (usually 2 years)
Separate from municipal notice rules, BC’s Limitation Act sets a basic limitation period: court proceedings generally must be started within two years after the day the claim is “discovered.”
“Discovery” is not always the same as the date of the fall, but many people treat it that way for planning purposes. If you wait, you risk arguments about when you knew, or should have known, you had a claim.
Important note: Municipal notice is not the only timing issue. Depending on the legal basis of the claim and who the defendants are, there can be additional limitation issues. The safest approach is simple: if public property is involved, assume you are on a short clock until proven otherwise.
Free consultation. If you were hurt in a winter fall and you are worried about deadlines, call 604-732-7678 or email timlouis@timlouislaw.com.
Evidence that wins winter slip and fall claims (what insurers and defendants look for)
Winter falls are rarely about one dramatic moment. They are usually about a small hazard, a predictable condition, and a lack of reasonable prevention. The challenge is that winter evidence disappears quickly. Ice melts. Slush gets mopped. Sanding happens after the fact. Signs appear once someone has already been hurt.
If you want your claim to be taken seriously, your evidence needs to answer three questions:
- What was the hazard?
- How long was it there, and who controlled the area?
- What did it do to you medically and functionally?
📍 Scene evidence
This is often the most valuable evidence because it is the hardest to recreate later.
Photos and video (time-stamped if possible)
Try to capture:
- the hazard itself (ice, slush film, puddle, curled mat, uneven lip)
- your walking path and direction of travel
- the surrounding environment (stairs, ramps, lighting, signage, drains)
- where you landed, if safe and appropriate
Tip: A short video walking the area slowly often captures slope, lighting, and the “feel” of the space better than still images.
Measurements (simple, but powerful)
You do not need special tools. Use what you have.
- height of a raised edge or lip
- depth of pooled water or slush
- slope of a ramp or walkway
- width of a stair tread or where a mat overlaps an edge
Even a rough measurement with a key fob or phone for scale can help show the hazard was real and not just “a bit slippery.”
Maintenance context (what wasn’t done, or wasn’t working)
These details matter because they speak directly to reasonable care:
- empty salt buckets, or no salt/sand visible at all
- no entrance mats, mats that are soaked through, mats that are curled or sliding
- broken handrails or wobbly rail mounts
- burnt-out lightbulbs, dark stairwells, shadowed landings
- no caution signage, or signs placed far from the hazard
- drains blocked with debris, creating a refreeze zone
Take photos of these details even if they feel minor. In winter claims, small details often explain the whole event.
Video surveillance (CCTV)
If the location has cameras, ask right away for the footage to be preserved. Many systems overwrite automatically, sometimes within days. If you wait, it can be gone even before you start feeling the full impact of the injury.
“Please preserve any camera footage showing the fall and the area for the day of the incident. I will need it.”
Proof of conditions (the “it was icy” problem)
A lot of slip and fall cases turn into a disagreement about conditions:
- “It wasn’t icy.”
- “It had been cleared.”
- “We salted earlier.”
- “No one else fell.”
Same-day proof helps. Along with your photos, check official weather data for that date and time. It can help support a pattern of freezing temperatures, precipitation, thawing, and refreezing.
If you fell in a specific micro-area (like a shaded stairwell or a parkade ramp), include context that explains how ice can form even when nearby areas look fine.
🩺 Medical and functional evidence
Your first medical visit matters
Insurers and defendants will look closely at whether the medical record aligns with the mechanism of injury. Make sure the chart reflects what actually happened:
- where you fell and what you struck (head, shoulder, hip, wrist)
- immediate symptoms
- delayed symptoms that appear later (headache, dizziness, nausea, back pain)
- what you cannot do now that you could do before
Track functional limits, not just pain
Pain is real, but function is often what moves a claim forward. Track:
- stairs and inclines
- standing tolerance
- walking distance
- lifting and carrying
- sleep disruption
- missed work and reduced capacity
- household tasks you cannot do normally
A simple daily note in your phone is often enough. You are not writing a diary. You are capturing change.
🧾 Witness and report evidence
Incident reports
If a report exists, details matter. If the report is vague, your own notes can fill the gaps:
- who you told, and when
- what they said or did next
- whether they inspected or salted after the fall
- whether they acknowledged the hazard
If you can, request a copy or take a photo of the completed report.
Witnesses
Witnesses do not need to be dramatic. A witness who can simply confirm:
- the hazard existed before you fell
- the lighting was poor
- the area looked untreated
- the mat was shifted
That kind of neutral confirmation can make the case far harder to dismiss.
Free consultation. If you were hurt in a winter fall and you are worried about evidence disappearing, call 604-732-7678 or email timlouis@timlouislaw.com.
Common winter locations in Vancouver, and what usually goes wrong there
Winter hazards cluster in predictable spots. These are the areas where we see repeated patterns.
Parkades
Parkades are a perfect storm: slope, smooth surfaces, low light, and moisture.
- ramp condensation that forms a slick film
- polished concrete or sealed floors with poor traction
- painted arrows and lines that become slippery when wet
- sloped drains that create pooling and refreeze zones
- lighting gaps that hide surface changes
- tracked-in slush near elevators and stairwells
Stairs and exterior landings
Stairs turn a small slip into a serious fall.
- icy stair nosings and edges
- loose treads or damaged stair surfaces
- missing grit strips or worn anti-slip tape
- handrails that are wobbly, loose, or missing
- poor lighting on exterior landings
- water dripping from roof edges onto steps, creating overnight ice
Strata walkways and entry areas
Strata properties often have shared responsibility, and winter maintenance depends on schedules.
- contractor schedules that miss early-morning refreeze windows
- salt shortages or empty bins
- mats that buckle, slide, or curl at the edge
- drainage that looks fine until it freezes overnight
- unaddressed “known slick zones” that residents have complained about before
Commercial entrances
The most common winter falls happen right where people think they are safest.
- slush tracked in and spread across smooth tile
- soaked mats that stop working
- no secondary mat system (one mat is not enough on heavy slush days)
- transitions between tile and concrete that create a slick edge
- wet-floor signs placed too late or too far from the hazard
What compensation can include (without overpromising)
Every case is different, and outcomes depend on evidence, injuries, and how the claim is defended. In general, compensation in a successful winter slip and fall claim can include:
- Income loss if you missed work or could not return to your normal duties
- Out-of-pocket treatment costs (physio, medications, braces, supportive care)
- Future care needs where the injury creates ongoing limitations
- Impact on daily life and function, including household tasks, mobility, and sleep
If you are not sure whether your situation is a claim, the safest first step is a short conversation while evidence is still fresh, and deadlines are still manageable.
Free consultation. Call 604-732-7678 or email timlouis@timlouislaw.com.
When to talk to a lawyer (and what to bring)
Some winter falls are straightforward. Many are not. The most common problem is not whether you were injured. It’s that the evidence fades and the timeline tightens before you even realise you’re on a clock.
It’s worth speaking with a lawyer sooner rather than later if any of the following apply:
The fall involved a City sidewalk or City-owned location
If the City may be a defendant, there may be a written notice requirement with a short deadline. Waiting to “see how it goes” can cost you options.
You have a serious injury
Head injury symptoms, fractures, significant back or neck pain, or injuries that affect work and daily life deserve early guidance, even if you are still waiting on imaging or specialist referrals.
There’s a risk CCTV footage will be lost
Many camera systems overwrite quickly. Preserving footage often makes the difference between a clean, provable case and a dispute about what happened.
Ownership is unclear
Strata walkway or sidewalk? Commercial landlord or the tenant? Private parkade or shared access? In Vancouver, those boundary lines are not always obvious on the day of the fall.
What to bring (even if it’s just on your phone)
You do not need a perfect file. Bring what you have:
- Photos/videos of the hazard and the wider area
- Medical notes or discharge paperwork, even brief
- Incident report details (who you told, when, and any copy or photo of the report)
- Witness contacts (names and phone numbers)
- Exact location details (address, nearest storefront/unit, parkade level, stairwell number, intersection)
If you do not have all of that, do not wait. A short conversation early can help you preserve what is still available.
Free consultation. If you were hurt in a winter fall, call 604-732-7678 or email timlouis@timlouislaw.com.
FAQ
1) Do I have to give notice to the City of Vancouver within two months?
If the claim is against the City, the Vancouver Charter requires written notice to the City Clerk within two months, describing the time, place, and manner of the incident.
2) Is the deadline the same outside Vancouver?
Often, other BC municipalities fall under the Local Government Act notice requirement, which also uses a two-month notice rule.
3) How long do I have to sue in BC?
Many claims run on a two-year limitation period under the Limitation Act, but municipal claims can involve additional rules and timelines, so it’s smart to confirm early.
4) What evidence matters most in an icy slip?
Clear photos or video of the hazard, exact location details, witness information, and early medical documentation that matches how you were hurt.
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✅ What this guide covers: first steps after a fall, evidence that disappears fast, who may be responsible (private property vs City space), and the deadlines that can decide a claim.
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✅ What this guide covers: first steps after a fall, evidence that disappears fast, who may be responsible (private property vs City space), and the deadlines that can decide a claim.
🤝 Optimized with Fervid Solutions (Visibility · SEO · Marketing) to help this page stay clear, discoverable, and useful when people need a next step.
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