Injured on Someone Else’s Property? What You Should Know

Vancouver Slip and Fall Lawyer

According to a 2017 Canadian Institute for Health Information report, falls were the number one cause of injuries leading to hospitalization in Canada. It is common for these types of falls to be caused by businesses or property owners who neglect their duty to ensure that their property is reasonably safe.

If you are injured on someone else’s property due to unsafe conditions, you may be entitled to receive compensation for your injury. The property owner (known legally as “occupier”) is responsible for keeping their premise safe, and failure to do so can result in a potential injury that would otherwise not have happened.

An occupier may refer to the person in charge of caring for the property, or the physical owner of the premises, which may include:

  • Business Owners
  • Homeowners
  • Landlords
  • Companies
  • Government Agencies

Occupier’s Liability Act

In British Columbia, slip and fall claims are Occupier’s Liability Act (OLA) claims.

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

If an individual slips and falls on someone else’s property due to hazardous conditions, they may be entitled to compensation that could cover one’s medical costs, out of pocket costs, lost income and or pain and suffering resulting from the injury.

How Much is Your Slip and Fall Claim Worth?

This is a common question clients ask lawyers and is complex to answer. A number of factors are considered before assessing the value of a claim such as the severity of the injury and how much the injury has impacted your life, your ability to earn a living and your personal well-being.

Do You Have a Slip and Fall Case?

In order to determine whether you are entitled to slip and fall compensation is dependent on whether you have a valid claim.

If you have suffered from a slip and fall injury resulting from a dangerous condition on a property (i.e. lack of lighting, unmarked spills, icy driveways) the owner or occupier may be liable if it can be proven that they were aware of the hazard and neglected to take reasonable measures to rectify the issue.

Document Your Injury Experience for Evidence

Insurance companies can make your life quite difficult during a slip and fall claim and will deny cases due to a lack of evidence. It is important to cross your T’s and dot your I’s when it comes to documenting your experience so you have as much evidence as possible to support your claim.

Seek Medical Attention Immediately After a Slip or Fall

If you suffer from a fall on someone else’s property, ensure that you seek medical attention straight away. Whether your injury is serious or not, it is always recommended that you visit your doctor or hospital as soon as possible (ideally within 24 hours of being injured). Keep in mind that symptoms for injuries don’t always present themselves immediately – another important reason to get checked out regardless of how your body feels.

Document Any Witnesses

If there are any witnesses, write down their names and numbers to assist with your case. Your insurance company or lawyer will ask for witness contact information as this will help with your claim.

If you are able, pull out your phone and take photos of the exact location your injury occurred. You can never have too much documentation to support your liability claim. If you were unable to take pictures of the scene, ask a friend or family member to take photos on your behalf.

Speak to Your Lawyer Before Signing Any Document

It’s integral to know that you should never sign anything without speaking to a lawyer first. An experienced personal injury lawyer will ensure your rights are not being violated and protect the integrity of your claim.

Contact a Personal Injury Lawyer You Can Trust

You can trust Tim Louis & Company to ensure the best possible outcome for your slip and fall-related personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

sources:

https://globalnews.ca/news/4315219/falls-most-common-injury-canada/

https://globalnews.ca/news/3576912/injury-related-hospitalizations-canada/

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01