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If you are suffering from a slip and fall injury, you do not need to prove that it was not your fault. What you do need to prove is that it was the fault of the owner or occupier of the property where you suffered your injury. Many slip and falls occur in stores, and are caused by something having been left on the floor such as a liquid or an object.
Your lawyer will make a demand for the store’s floor inspection policy. If they do not have such a policy, you have a very strong case. If they have such a policy, your lawyer will make a demand for the floor inspection log. If the log does not confirm that the floors were being inspected as the schedule called for, then you have a very strong case.
Sidewalk slip and fall cases are much more difficult, but with the right facts, you may still have a very strong case. BC courts have held that municipalities must have a written policy requiring sidewalks to be repaired if there is a lip above a fixed height. The courts leave it to the municipality to decide what height is specified in the policy.
If you suffer a slip and fall caused by a lip higher than that permitted in the municipality’s policy, then you have a very strong case. However, even here you will lose your case if you or your lawyer do not give written notice to the City Clerk within 60 days of your Slip and Fall. The notice does not need to be fancy: just the date, location and a general description of your injuries.
Some slip and falls occur on stairways. In this case, your lawyer will not be looking for a policy. Instead, your lawyer will hire an architect or an engineer who measures the stairway, and compares it with the Building Code. You would be surprised at the number of stairways, both residential and commercial, that do not comply with the Building Code.
One of the first things I ask all of my slip and fall clients for are pictures of the location. This helps me begin to get an idea as to whether or not my client has a case.
Sometimes the defendant owner or occupier will argue that your Slip and Fall was at least partially your fault. The defendant’s lawyer will want to know what type of shoes you were wearing. Had you consumed any alcohol or drugs immediately before the slip and fall. Did you already know of the unsafe condition – for instance, you knew that the stairway was unsafe to use.
Your lawyer will order medical legal reports from your caregivers including your family doctor and any specialists you were referred to. Your lawyer will ask your caregivers to provide a diagnosis of the injury you suffered and also a prognosis – are you going to recover or is it a permanent injury.
If your injury has made it harder for you to work, or worse yet stopped you from working, your lawyer will order an expert report from a vocational consultant and a report from an economist who will measure the worth of your future income loss. If your injury is going to result in care costs into the future, then your lawyer will also order a Future Cost of Care report. Care costs are things such as treatment fees and housekeeping.
I recently settled a case for Michael Lesik. He suffered injuries when he fell walking down a stairway. He left the following review:
“If you are looking for a lawyer who is very intelligent, organized, knowledgeable, experienced, knows the law, humanistic and is committed to represent your interests. STOP!! Go no further!! Your search is over!! Your legal representative is Tim Louis. In addition, Karolina and Krista make a formidable legal team. They are knowledgeable, reassuring and a pleasure to work with. Collectively they make a winning team.”
I have been successfully representing Slip and Fall victims for 37 years. If you would like a free consultation, call me at 778-855-3494.
If you would like to know what my previous clients have to say about me, check out my reviews. Testimonials
Learn about the Occupier’s Liability Act:
ABOUT VANCOUVER, BC BASED LAW FIRM SPECIALIZING IN LONG-TERM DISABILITY, PERSONAL INJURY, EMPLOYMENT LAW AND ESTATE LITIGATION.
At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.