No one goes to a hotel or restaurant expecting to get hurt. Yet injuries in Vancouver’s hospitality businesses happen to patrons, tourists, and visitors more often than you may think. If you got hurt in British Columbia, you could be entitled to compensation under the province’s occupiers liability laws. Here’s what you need to know about hotel and restaurant injury liability in BC.
Understanding Occupiers’ Liability in British Columbia
Under the British Columbia Occupiers Liability Act, hotels and restaurants have a legal duty to take reasonable care to keep their guests and customers reasonably safe on the premises. The law applies to hazards connected to the condition of the property, activities taking place there, and the conduct of others on site. However, whether a hotel or restaurant bears liability depends on the facts of the case, including what the business knew or should have known before the accident.
Who May Be Responsible for Hotel and Restaurant Injuries?
Various parties may share responsibility for a hotel or restaurant slip-and-fall or other accident. It depends on who controlled the space, created the hazard, or failed to respond. Potentially liable parties may include:
- The hotel, restaurant, or business owner
- A property management company
- A commercial landlord
- Cleaning or maintenance contractors
- Security companies
- Event operators or catering companies
- Staff members acting within the scope of their employment
- Another guest or customer whose conduct caused harm
Common Causes of Injuries at Hotels and Restaurants
Injuries can happen when a hotel or restaurant fails to address unsafe conditions within a reasonable time. Examples include:
- Wet or slippery floors
- Obstacles in common areas, such as luggage, carts, or tables and chairs
- Poor lighting in hallways, stairwells, or parking areas
- Broken handrails or uneven stairs
- Torn carpets or loose mats
- Falling objects
- Unsafe patio, pool, or balcony areas
- Negligent security
- Food-related hazards, such as burns or contamination
How Liability Is Determined After an Injury
After incidents such as slips and falls at hotels and restaurants, many people choose to consult an experienced personal injury lawyer to learn their legal options. The idea of filing a lawsuit against a company can feel intimidating, but the first thing you need to do is figure out who is at fault.
A skilled lawyer can conduct a thorough investigation into the accident to determine how it happened and who may be responsible. They will assess whether the occupier took reasonable steps to keep the premises safe and determine how the hazard arose, how long it existed, whether staff knew or should have known about it, and what they did to fix it or warn people about it.
Similarly, the hotel or restaurant’s insurance company will conduct its own investigation to gain insight into the same factors. Both sides will also look at your own actions, including whether you were paying attention or ignored clear warnings, before determining liability.
What Evidence Can Help Support an Injury Claim
The following types of evidence can help show what happened, who may be responsible, and how the injury affected you:
- Photos or videos of the hazard
- Incident reports, including reports of earlier incidents at the same property
- Witness names and contact details
- Medical records
- Receipts, booking records, or reservation details
- Communications with the hotel or restaurant
- Maintenance records
Contact Us For a Free Case Review
If you suffered injuries in an accident at a restaurant or hotel in British Columbia, the personal injury lawyers at Warnett Hallen LLP can review your case to determine whether you have grounds to file a hotel or restaurant injury claim. For 13 years, clients have turned to our firm for 24/7 availability, one-on-one consultations, and compassionate legal representation. Contact us today to speak with a member of our team and learn more about how we can support you.
