Negligence and Liability in Slip and Fall Cases
Negligence is a common reason slip and fall accidents occur in British Columbia. Landowners and managers are responsible for keeping every area of their property in good condition to prevent guests and other visitors from being injured. This means meeting building codes, performing routine maintenance and inspections, and promptly repairing any damage they find. Existing hazards should be removed immediately or have warning signs placed next to them so visitors know the potential risks.
Unfortunately, B.C. property owners sometimes disregard the rules. If someone is hurt in a slip and fall accident as a result, the owner could be liable for their negligence. But proving liability can be a challenge, so it’s wise to get help from an experienced slip and fall lawyer before accepting a settlement.
Talk to a Vancouver slip and fall lawyer at Warnett Hallen LLP today. We’ll evaluate your case for free to determine what went wrong, who should be held responsible, and how much your claim could be worth.
Call or contact us today to get started.
Proving Negligence and Liability
Proving liability is essential to slip and fall claims. If you want to recover fair compensation, you must prove that another party is to blame for the accident and your injuries. Specifically, you must demonstrate that:
- The property owner directly caused the poor conditions on their property or should have known that a hazard might lead to a slip and fall.
Or:
- The property owner or an employee should have discovered the dangerous condition and repaired or removed it.
Typically, a property owner will be liable for an accident victim’s injury if they were careless, reckless, or otherwise negligent. Negligence is a person’s failure to take a reasonable degree of care to prevent someone else from being hurt. Negligence often hinges on what a reasonable person would do in a scenario similar to the one that caused the accident.
But what is “reasonable?” In a slip and fall case, it means the property owner failed to act like a reasonably prudent person would under similar circumstances. Proving the owner was negligent in causing your injury requires showing evidence that they should have known about the risks associated with the dangers on their property and failed to remove them to prevent an accident.
- Types of Dangerous Conditions on a Property
Dangerous conditions can exist on any residential, commercial, or government property. The most common types are:
- Poor lighting
- Walkway obstructions and hazards
- Wet floors
- Loose rugs and mats
- Missing railings
- Structural damage
- Inexperienced security personnel
- Broken steps
- Uneven flooring
- Cracked pavements or sidewalks
- Potholes
- Cluttered aisles
A range of other hazards can lead to a slip and fall accident. If these or any other dangerous conditions contributed to your injuries, you should contact a slip and fall lawyer in Vancouver to discuss your case.
Evidence in Slip and Fall Cases
Proving negligence in a slip and fall case will be impossible without evidence. Building a case usually requires thorough investigation to show what happened, who was at fault, and the resulting injury.
Examples of potential evidence in a slip and fall claim include:
- Police/incident reports
- Eyewitness statements
- Copies of your hospital records, physician bills, physiotherapy notes, and other medical documentation
- Video surveillance footage
- Maintenance and repair logs from the property owner
- Photos from the accident scene
Investigating a slip and fall can be time-consuming and difficult to do alone. Warnett Hallen LLP has represented countless clients and knows how to handle even the most complex accident investigations.
Who Pays for a Slip and Fall Injury?
The property owner or another negligent party will pay for your injuries in a successful slip and fall accident claim. Compensation may include money for losses such as:
- Treatment costs
- Lost wages
- Lost future earnings
- Loss of housekeeping capacity
- Pain and suffering
- Loss of enjoyment of life
- Damage to personal property
You could pursue these losses through an injury claim or a slip and fall lawsuit. In an injury claim, your lawyer would negotiate with the insurance company for a settlement that accounts for your financial losses and more. However, if the insurer denies the claim or offers a settlement that is less than what your case is worth, your slip and fall lawyer may recommend filing a personal injury lawsuit to seek damages in court.
What Is My Slip and Fall Case Worth?
The value of your case will depend on the severity of your injuries and other factors, such as:
- Total expenses incurred
- Length of the recovery period
- Estimated cost of future medical treatment
- Statements from friends and family about how the injury(s) impact your quality of life
- Whether the slip and fall caused permanent impairment or disability
- Extent of disruptions to your daily life (e.g., missed work, etc.)
- Pain and suffering you’ve experienced
- Quality of the evidence proving liability
Every case is unique. The compensation another person is entitled to isn’t necessarily going to be the same amount that you can recover, even with nearly identical injuries and circumstances. A slip and fall attorney can place an approximate value on your case, but it’s important to remember that it is an estimate only, not a guarantee.
Contact an Experienced Slip and Fall Lawyer in Vancouver
If you were injured in a slip and fall accident that wasn’t your fault, contact the Vancouver slip and fall lawyers at Warnett Hallen LLP. Our consultations are always free, and there’s no fee unless we win your case. Call us today.
