In British Columbia, you could be entitled to compensation if you slip and fall due to a hazard on someone else’s property. The province’s Occupiers Liability Act (OLA) requires landowners and managers to keep their property reasonably safe for others.
Slip-and-fall accidents can happen anywhere ― at a store, home, parking lot, city sidewalk, or government building. No matter the location, you could have a case if you can prove the occupier’s negligence caused the accident and your injuries.
Need help filing a slip-and-fall claim in BC? The Vancouver occupiers liability lawyers at Warnett Hallen LLP can review your claim and discuss your legal options in a free consultation.
Our legal team vigorously pursues fair and full compensation for every client. We provide strategic, results-oriented representation to lift the burden from your shoulders and get you on the path to rebuilding your life. Our slip and fall lawyer in BC knows how important compensation is to you, and you can count on us to fight for every dollar.
Ready to get started? Call or contact us now to speak with an experienced slip-and-fall lawyer.
Can I Claim Compensation for a Fall in BC?
The Occupiers Liability Act requires property owners (or those who have control over property) to make reasonable efforts to ensure that a person who legally enters the premises “will be reasonably safe in using the premises.” Failure to repair or remove a dangerous condition could give you grounds to file a slip-and-fall claim.
Can I Sue for Pain and Suffering?
Yes. Pain and suffering falls under the category of non-pecuniary damages, or losses that do not have a quantifiable dollar amount associated with them. Instead, pain and suffering provide money for the personal difficulties victims experience because of their injuries. Other types of non-pecuniary damages include disfigurement, lost quality of life, and lost enjoyment of life.
Complexity of Slip-and-Fall Claims
Recovering compensation after a slip-and-fall accident can be complicated for several reasons:
- Slip-and-fall victims may not initially realize the severity of their injuries. After a fall, you may not discover that you suffered an injury for days, weeks, or even months. Insurance companies are more likely to challenge claims involving delayed diagnoses, so see a doctor as soon as possible after an accident.
- Time limits to file slip-and-fall claims vary depending on the type of property involved. Many slip-and-fall lawsuits are subject to the two-year limitations period under BC personal injury law. But falls on municipal property must be reported to the local government in as little as two months. Failing to file on time could mean you lose your right to compensation.
- Occupiers liability claims receive careful scrutiny. Proving your claim requires evidence showing that the occupier knew about the hazard and should have taken steps to remedy the problem. Your conduct as a visitor matters, too. If you ignored posted warning signs to steer clear of broken pavement on a property, the occupier may not be liable for your slip and fall.
Filing a Slip-and-Fall Claim
Take these steps to improve your chances of recovering compensation when filing a slip-and-fall claim
- Take photos or videos of the accident scene. Include whatever caused you to fall and pictures of your injuries.
- Report the accident to the owner or occupier of the property. An incident report can help bolster your claim, too.
- Preserve your footwear and clothing to support your claim. The insurance company may want to examine physical evidence while investigating your claim.
- Seek medical attention as soon as possible. Your medical records are a vital part of every injury claim.
- Keep copies of bills or invoices for all expenses you incurred because of the accident. You will need to substantiate your financial losses for all accident-related costs.
- Speak to a slip-and-fall lawyer. At Warnett Hallen LLP, our Vancouver slip and fall lawyer will build a strong case for maximum compensation for you.
The Importance of Documenting Your Injuries
Documentation is an essential part of every slip-and-fall case. You can only obtain compensation if you prove the occupier’s negligence contributed to the accident and your injury. You can substantiate your claim with evidence such as:
- Medical records – You must have proof of your injury. A doctor’s diagnosis, description of your condition, and treatment plan will establish that you suffered an injury and link it to the accident.
- Photographs – Visual evidence is always compelling in a personal injury case. Take photos of the slip-and-fall scene, especially the hazardous condition that caused you to fall.
- Witness statements – Bystander testimony is valuable because witnesses have nothing to gain by offering statements in your favor.
- Video surveillance – Stores, parking lots, and even residences frequently have surveillance cameras. Your lawyer can obtain the footage to see how the accident happened and the events leading up to it.
- Maintenance records – If your slip and fall happened because a property owner failed to perform required inspections and repairs, maintenance records can be powerful support in a negligence claim.
How a Lawyer Can Help With Your BC Slip-and-Fall Claim
Recovering from a slip-and-fall accident takes time. However, getting a quick start investigating these types of cases is critical. Puddles get cleaned up, repairs get made, and video footage could get deleted ― all things that could weaken your claim. Hiring a lawyer can protect your case. While you recover, your legal team can gather the evidence needed for a solid slip-and-fall claim.
A lawyer can also handle settlement negotiations when the time is right. You shouldn’t rush to settle before you know how your injuries will impact the rest of your life. Your lawyer can advise when to settle and advocate for full and fair results for you.
Talk to a Vancouver Slip-and-Fall Lawyer Today
Need to file a slip-and-fall claim in BC? Talk to an occupiers liability lawyer at Warnett Hallen LLP today. Our trusted legal team will review your case and develop a strategic plan to pursue the outcome you deserve. Call or contact our slip and fall lawyer today for your free consultation.
