27/09/2018 0 Comments
Are You Entitled to Slip and Fall Personal Injury Compensation? Know When to Contact a Personal Injury Lawyer Near You
Slip and fall injuries can be serious. A serious tumble can result in broken bones, head trauma, injuries to the neck and spine, or even chronic or psychological pain. If you slip and fall and sustain an injury on someone else’s property, you may be entitled to compensation.
But how do you know if you are entitled to personal injury compensation? Who do you bring your claim against? Our slip and fall injury lawyers prepared this article to give you some guidance on the basics of slip and fall claims in BC. If you have been injured in a slip and fall, contact our personal injury lawyers today toll-free at 1-855-852-5100 for more information about how to bring your claim and to arrange for your free initial consultation.
Common locations for slip and falls
Personal injury slip and falls can arise from the condition of the property or the activities that take place on the property, whether indoors or outdoors, and whether the property is a private residence, place of business, or public property. Common locations of slip and falls include:
- Grocery stores (the produce aisle can be particularly treacherous, as can wet floors)
- Parking lots (due to snow, ice, potholes, uneven surfaces, or poor lighting)
- Entranceways leading to private homes or businesses (e.g., broken or slippery stairs or inadequate lighting)
- Cottages, cabins, and vacation properties (including patios, docks, and balconies)
- Sidewalks (e.g., slippery/icy/snowy, uneven, poorly maintained, under construction)
- Homes and businesses being renovated (e.g., where construction-related hazards are not properly marked or controlled).
If I'm hurt then who do I bring a slip and fall claim against?
In BC, the Occupiers Liability Act requires an “occupier” to take reasonable care in the circumstances to ensure that a person is reasonably safe on the premises. An “occupier” is one who occupies, but may not necessarily own, a property, and includes one who is in possession of a property and one who is responsible for the care of the property (e.g. a caretaker or maintenance company). There can be more than one occupier of a property. So, your slip and fail claim could be against a private citizen, a business, and/or the government (e.g., if you slip and fall on the sidewalk in Vancouver). For that reason, before you can bring a personal injury claim for a slip and fall, it is essential to establish who the occupier of the property is. Note as well that in the latter example mentioned (a slip and fall on public property), there are shorter notice periods for claims against a local government. Contact one of our slip and fall injury lawyers as soon as possible to ensure that you do not lose the right to bring a personal injury claim.
Do you need to contact a slip and fall injury lawyer? What will they do?
To be entitled to compensation for personal injury caused by a slip and fall, you must be able to establish the following elements:
- The identity of the occupier(s) of the premises (as discussed above);
- That you slipped and fell because the occupier failed to meet the duty of care to make the premises reasonably safe in the circumstances; and
- That you were injured as a result of the occupier’s failure to meet the duty of care.
It must be noted that everyone has a duty of care for their own safety, even if premises are unsafe. The occupier may argue that you are at fault for your injuries. If it is found that you should have exercised more caution in the circumstances, fault may be divided between you and the occupier who should have made the premises reasonably safe – and that would result in a reduction of the compensation you receive for your injuries. An experienced slip and fall injury lawyer can assist you with building the required elements of your claim and can help defend against allegations that you are to blame for your own injuries.
What type of compensation am I entitled to?
If you have grounds for a claim for personal injury caused by a slip and fall, you may be entitled to compensation for your pain and suffering, income loss, out of pocket expenses, future care costs and losses related to your diminished capacity to earn income in the future. Learn more about your rights by contacting a slip and fall injury lawyer in Vancouver and the Fraser Valley from Bronson Jones & Company LLP. Find a location near you and call us for a free initial consultation.
Legal Guidance & More: From Injury to Recovery
Bronson Jones & Company lawyers have extensive trial experience and extensive experience in negotiating fair settlements for clients injured in slip and fall accidents. We have also developed an extensive network of medical and occupational specialists, therapists, rehabilitation specialists, and others to help you recover and deal with the impact of your injury on your physical health, family life, finances and future. Reports from these experts may be essential in the development of your case. If you or a loved one has been injured in a slip and fall accident, call any of the 13 Bronson Jones locations in the Lower Mainland for our expertise and advice. All of our cases are handled on a contingency (percentage) basis and you don’t pay until we collect.