© Copyright 2021 by Tim Louis & Company Barristers & Solicitors
According to a 2017 Canadian Institute for Health Information report, falls were the number one cause of injuries leading to hospitalization in Canada. It is common for these types of falls to be caused by businesses or property owners who neglect their duty to ensure that their property is reasonably safe.
If you are injured on someone else’s property due to unsafe conditions, you may be entitled to receive compensation for your injury. The property owner (known legally as “occupier”) is responsible for keeping their premise safe, and failure to do so can result in a potential injury that would otherwise not have happened.
An occupier may refer to the person in charge of caring for the property, or the physical owner of the premises, which may include:
In British Columbia, slip and fall claims are Occupier’s Liability Act (OLA) claims.
If an individual slips and falls or is injured on someone else’s property due to hazardous conditions, they may be entitled to compensation that could cover one’s medical costs, out of pocket costs, lost income and or pain and suffering resulting from the injury.
This is a common question clients ask lawyers and is complex to answer. A number of factors are considered before assessing the value of a claim such as the severity of the injury and how much the injury has impacted your life, your ability to earn a living and your personal well-being.
In order to determine whether you are entitled to slip and fall compensation is dependent on whether you have a valid claim.
If you have suffered from a slip and fall injury resulting from a dangerous condition on a property (i.e. lack of lighting, unmarked spills, icy driveways) the owner or occupier may be liable if it can be proven that they were aware of the hazard and neglected to take reasonable measures to rectify the issue.
Insurance companies can make your life quite difficult during a slip and fall claim and will deny cases due to a lack of evidence.
If you are injured, it is important to cross your T’s and dot your I’s when it comes to documenting your experience so you have as much evidence as possible to support your personal injury claim.
If you suffer from a fall on someone else’s property, ensure that you seek medical attention straight away. Whether your injury is serious or not, it is always recommended that you visit your doctor or hospital as soon as possible (ideally within 24 hours of being injured).
Keep in mind that symptoms for injuries don’t always present themselves immediately – another important reason to get checked out regardless of how your body feels.
If there are any witnesses, write down their names and numbers to assist with your case. Your insurance company or lawyer will ask for witness contact information as this will help with your claim.
If you are able, pull out your phone and take photos of the exact location your injury occurred. You can never have too much documentation to support your liability claim. If you were unable to take pictures of the scene, ask a friend or family member to take photos on your behalf.
It’s integral to know that you should never sign anything without speaking to a lawyer first. An experienced personal injury lawyer will ensure your rights are not being violated and protect the integrity of your claim.
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