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Whenever you visit someone else’s property, both you and the property owner are obligated by law to act responsibly to prevent foreseeable accidents and injuries. If you were hurt on another person’s land specifically because they failed to fulfill this “duty of care,” you may have grounds under British Columbia law to demand compensation for every form of harm your injuries have caused.
Filing suit over “occupier’s liability” law can be far from simple, especially if you try to pursue your claim without a seasoned personal injury lawyer on your side. Call Zacharias Vickers McCann and speak with an Abbotsford occupier’s liability lawyer. We can identify legal and procedural obstacles so you have the best chance possible of receiving compensation.
The Occupiers’ Liability Act is the British Columbia statute that specifically deals with accidents and injuries on private property caused by a landowner’s negligent management of that property. Under this Act, landowners are obligated to keep their property “reasonably safe” in terms of its physical condition, activities they allow property visitors to perform there, and conduct they allow third parties to engage in.
Hazards like unmarked spills on floors, building code violations, and even inadequate security to prevent criminal activity could potentially be grounds for a lawsuit if they directly lead to an otherwise preventable injury. As an Abbotsford property liability lawyer can further explain, property visitors are also obligated to:
Any failure to do so could impact their ability to financially recover for injuries caused mainly by a landowner’s misconduct and negligence. This concept of contributory negligence is further defined in the Negligence Act.
One of the important roles of an Abbotsford premises liability lawyer is to help an injured person identify the damages they can seek. A property visitor injured through a B.C. property owner’s negligence can demand compensation for both pecuniary and non-pecuniary consequences of their injuries. In this context, “pecuniary” damages are those with objective financial values that can be established through things like bills and receipts. “Non-pecuniary” damages are those which must be valued subjectively based on a specific injured person’s unique experiences.
Examples of pecuniary damages which often factor into premises liability claims include short-term and long-term medical expenses, lost work earnings and/or working capacity, and personal property damage. Non-pecuniary damages typically center around physical “pain and suffering” from injuries but can also include things like emotional distress and lost overall quality of life.
Getting hurt while visiting a private home, commercial business, or any other land owned and operated by someone else can be legally and financially complicated. A slip and fall can cause broken bones, concussions, and serious spinal trauma. Representation of a skilled Abbotsford occupier’s liability lawyer can improve your chances of recovering fairly for injuries caused by this type of accident.
Call us and schedule your free consultation. We will analyze your potential case and determine if you could recover compensation from the at-fault party.