FRONTIER LAW
SLIPS, TRIPS AND FALLS
Northeastern British Columbia’s Slip, Trip, and Fall Lawyers.
Northeastern British Columbia’s Slip, Trip, and Fall Lawyers.
In Northeast British Columbia, winter weather brings hazards such as icy sidewalks and slippery parking lots. Our weather increases the risk of slip-and trip-and-fall accidents. These accidents can be life-altering, resulting in physical disablement or impairment. After a fall, whether you face a minor injury that heals quickly or a more serious complication, the lawyers at Frontier Law are here to help.
If you are injured in a slip-and-fall or trip-and-fall accident, you should obtain legal advice as soon as possible after the accident. Personal injury claims are subject to limitation periods. If that period expires before you take legal action to obtain compensation for your injuries, you may permanently lose your opportunity to make a claim.
If you’ve fallen on business premises, municipal property, or someone’s personal property, we strongly advise you to obtain legal advice before negotiating with the relevant party or their insurance company to settle your claim. Though they may say otherwise, insurance companies will act in their best interests, not yours. Starting with a free consultation, the injury lawyers at Frontier Law works to help you understand the information you will need to recover from your injuries and secure fair compensation.
Photo: Kevin MacLellan
Causes of Slip-and-Fall Accidents and Subsequent Injuries
If a fall is caused by unsafe conditions the property occupier could have prevented, the injured person may be entitled to compensation. The property occupier has a duty to keep you reasonably safe and prevent reasonably foreseeable injuries. It’s important that the property occupier act reasonably to ensure the safety of everyone on the property.
Some common causes of Slip- and Trip-and-Falls are:
- Slippery floors that haven’t been properly maintained
- Icy or hazardous stairs;
- Stairs that are poorly lit or not built to code;
- Potholes in parking lots and outside business premises;
- Icy or hazardous sidewalks
- Impeded walkways
Slip-and-Fall accidents can result in various injuries, which include:
- Brain injuries
- Spinal injuries
- Broken bones
- Chronic pain & other soft tissue injuries
- Paralysis
Who is at Fault?
Determining who is liable for injuries from a slip-and trip-and-fall accident can be complex. In British Columbia, the Occupiers Liability Act (the “OLA”) governs the liability in these cases. It defines an “occupier” as a person who is in physical possession of or responsible for the maintenance and condition of a premises.
The term “occupier” could include:
- The property owner or the landlord;
- A tenant who has control over the property;
- A municipality/regional district; or
- A combination of the above parties, depending on the lease terms and maintenance responsibilities.
Under the OLA, occupiers have a duty to ensure their premises are reasonably safe for use by individuals on the property.
Special Considerations for Municipalities.
If your case involves a municipality or regional district, time is of the essence. The Local Government Act (the “LGA”) outlines specific requirements for claims against municipal or regional authorities. Under the LGA municipalities or regional districts are not liable for damages unless notice is provided within two months of the injury.
Additionally, the limitation for initiating a claim is limited to six months from the date of the injury. Missing these deadlines could bar your ability to file a claim.
What to Do After a Fall?
If you have fallen it is crucial to take the following steps to protect your claim:
- Seek appropriate medical attention to document your injuries and receive prompt treatment.
- Take photographs of the location where the fall occurred ensuring you capture any hazards.
- Collect witness information from anyone who saw the incident.
- Maintain detailed records, including:
- Medical appointments;
- Time off work; and
- Expenses such as prescriptions, therapy, or other related treatment.
- Act quickly to ensure you meet deadlines for filing a claim.
Compensation Entitlement
If you have been injured in a fall, you could be entitled to compensation for:
- Lost wages;
- Pain and suffering;
- Future medical treatment and care costs; and/or
- Other related expenses.
How Frontier Law Helps
At Frontier Law, our experienced personal injury team is here to help. These types of claims involve distinct legal considerations, and our lawyers understand the intricacies of the law that governs them.
Most slip-and trip-and-fall cases are resolved through negotiations with the defendant’s insurer. These companies’ employee skilled negotiators and lawyers to ensure their payouts are minimized. Our team is dedicated to leveling the playing field by ensuring that you receive fair compensation for your injuries.
Slip-and trip-and-fall injuries can be challenging. If you have been injured in a fall, the Frontier Law personal injury team is here to help protect your rights and ensure you receive the compensation you deserve.
Contact us today for a free, no-obligation consultation to discuss your case and take the first step in recovery.
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