Occupiers’ Liability Act in British Columbia
The Occupiers’ Liability Act in British Columbia explains the responsibilities of property owners and occupiers concerning visitors to their premises. Under the law, occupiers are responsible for taking reasonable steps to prevent people from suffering injuries on their property.
However, identifying who is at fault when you get hurt on someone else’s premises is not always clear-cut. And not all accidents are grounds for a claim. It’s best to work with a trusted occupiers’ liability lawyer in Vancouver to determine your legal options.
At Warnett Hallen LLP, our dedicated lawyers have years of experience helping injured people demand compensation for injuries sustained on others’ property. Our occupiers liability lawyer in BC can help enforce your legal rights and push for the full amount of compensation you deserve. Call or contact our occupiers liability lawyer today for a free consultation.
The BC Occupiers’ Liability Act
When you file a claim after sustaining an injury on someone else’s property, that claim is subject to the British Columbia Occupiers’ Liability Act (OLA). The OLA requires owners or occupiers of British Columbia properties to keep their premises reasonably safe for visitors.
An occupier’s responsibility to maintain “reasonably safe” premises extends to:
- The physical condition of their property
- The activities that occur on the property
- The conduct of third parties on the property
Under the law, an “occupier” is a person or persons in actual physical possession of a property or who has control over the premises. The term “premises” refers to indoor areas, outdoor areas, the land surrounding the property, and everything permanently attached to the land.
Many occupiers’ liability claims result from injuries on commercial properties, such as retail stores and supermarkets. However, the OLA also applies when injuries occur in private residences or government properties.
One of the most critical aspects of an occupiers’ liability claim is whether the occupier took reasonable steps to identify, prevent, or address potential hazards. You are much more likely to have a valid claim against an occupier if you can prove they failed to address a hazard within a reasonable timeframe.
Let’s say you slipped and fell on a puddle of spilled juice in the grocery store. If the spill had been left unattended for several hours, the grocery store owner or manager would be much more likely to face liability than they would for a recent spill. You need strong evidence to support an occupiers’ liability claim. A skilled lawyer will know what to collect and how to use that information to build a convincing claim for maximum compensation for you.
Duties of the Visitor
Just like property owners and occupiers, visitors in British Columbia have specific legal responsibilities, too. When you visit someone else’s property, you must do take care to avoid injuring yourself, such as:
- Exercising caution around obvious hazards
- Paying attention to posted signs about potential hazards
- Heeding notifications from occupiers about dangerous conditions
If you get hurt on someone else’s property due to an obvious hazard or in a posted danger zone, you may have difficulty recovering compensation.
If you are trespassing on someone else’s property in British Columbia, the occupier has no legal obligation to keep you safe. Their only legal duties are to avoid creating hazards designed to harm you intentionally and to avoid acting with “reckless disregard” to your safety.
Common Hazards in Occupiers’ Liability Claims
Many different property hazards could potentially injure visitors. Many occupiers’ liability claims arise from slip-and-fall accidents, while others may involve dangers created by inadequate lighting or a failure to make timely repairs on a piece of property.
Examples of common hazards include:
- Slip-and-fall hazards – Slip and falls can happen at any time but are especially common in inclement weather. Wet, snowy, or icy walkways put visitors at risk of serious injuries. Other common slip-and-fall hazards include unattended spills, damaged steps, uneven flooring materials, rippled carpets, unsecured electrical cords, debris or clutter on the ground, and poor lighting.
- Building code violations – Many building code violations can pose serious safety threats to visitors. Examples include faulty electrical wiring, defective or missing handrails, malfunctioning elevators or escalators, and collapsed ceilings.
- Inadequate security – Occupiers are responsible for all activities on their premises. Untrained security staff, defective or missing security systems, and unmonitored entry points are all possible grounds for an occupiers’ liability claim if the victim’s injury resulted from preventable security lapses.
- Miscellaneous hazards – Other common property hazards include empty or unsupervised swimming pools, uncovered wells, poorly balanced stacks of merchandise, failure to fence in dangerous sites or animals, failure to post proper warning signs, and failure to contain hazardous materials.
What to Do After an Accident on Someone Else’s Property
When you sustain an injury on someone else’s property, an occupiers’ liability lawyer can help you hold negligent parties accountable. You can also take the following steps to protect your rights and begin preparing your occupier’s liability claim:
- Seek medical attention – Seeing a doctor as soon as possible is vital, even if you do not notice any injuries immediately after the accident. Follow their care plan exactly as prescribed and attend all follow-up appointments.
- Take photos of the accident scene – If you’re able, take photos of the accident scene. Try to get shots from multiple angles that clearly demonstrate the hazardous condition and how your accident happened. Getting pictures quickly is key. You don’t want the occupier to fix the problem before you have a chance to document it.
- Ask eyewitnesses for statements – If any witnesses saw the accident happen, ask for their contact information and a statement about the incident.
- Keep it confidential – Be careful about who you discuss the accident with, especially if you’re active on social media. It’s safe to assume anything you post or share online could make it back to the insurance company and undermine your claim.
- Contact a knowledgeable lawyer – A skilled occupiers’ liability lawyer can help you establish a strong foundation for your claim and fight for the compensation you deserve.
Occupiers’ Liability Lawyers in Vancouver
When you need help after an injury on someone else’s property, look no further than the Vancouver occupiers’ liability lawyers at Warnett Hallen LLP. Contact our occupiers liability lawyer today for a free case review.
