Slip and fall accidents can occur as a result of wet or slippery surfaces, improper snow and ice removal, poor lighting or debris on public or private property including as a roadway, parking lot, sidewalk, in someone’s home or yard or in a commercial store or business.
If you have suffered injuries because of a slip and fall accident on someone else’s property due to a dangerous condition, you could be entitled to recover damages.
In British Columbia, owners and occupiers of property have a legal duty to keep their property reasonably safe for those who are using it as per the Occupiers Liability Act, [RSBC 1996] c 337. However, if you slip and fall on someone else’s property, it is your burden to prove that the injuries you suffered were caused by the wrongdoing on the part of the owner or occupier of that property.
The term “occupier” has wide meaning and includes someone who owns the property, someone who was responsibility for the conditions and activities of a property and someone who has control over the conditions and activities of a property.
Merely showing that an injury occurred on someone else’s property will not be sufficient to establish liability and entitle you to compensation. This is due to the fact that an occupier is not held to a standard of perfection. Instead, the standard of care for the occupier is one that would be expected of an ordinary, reasonable and prudent person in the same circumstances.
The injuries resulting from a slip and fallen accident can range from relatively minor bruising and soft tissue injuries to chronic pain, serious fractures and head injuries with life-altering symptoms.
If you have slipped and fell on someone else’s property due to dangerous conditions and you sustain injuries, then you may be entitled to receive compensation for the following:
• Pain and suffering;
• Lost wages or income;
• Loss of future earning capacity;
• Loss of housekeeping capacity;
• Future care costs; and
• Out of pocket expenses.
It is important to note that strict timelines apply to slip and fall claims. Generally, you have two years from the date of the slip and fall accident to commence an action against the occupier. However, if you slip and fall on city property, then you may need to report the accident to the city in writing within two months, otherwise your claim could be barred.
To find out if you are entitled to compensation for a slip and fall accident, please contact one of our experienced personal injury lawyers who will be able to help you assess your claim.
For additional information about the ways in which Baker Newby LLP can help, you are encouraged to call us for a free initial consultation.
For an initial consultation, tell us a little bit about your case and a member of our law firm will contact you within one business day.
In the case of Lekakis v. Lekakis, 2023 BCSC 376, the BC Supreme Court addressed how to determine whether the 40 percent threshold has been met to