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Falls are a common source of serious injuries. A slip or trip can have consequences that require medical treatment, cause you to miss work, prevent you from engaging in activities you enjoy, and interfere with your household obligations. When a fall occurs on someone else’s property and the person occupying the property failed to keep it safe for visitors, you could have a negligence claim against them. If successful, the occupier would be responsible for compensating your losses.
An Abbotsford slip and fall lawyer can help you assess your situation and determine the best way to secure compensation. Our experienced personal injury lawyers can help you identify the responsible party or parties and push for a favourable settlement or verdict.
Many slip and fall accidents result from deferred or shoddy maintenance. Others are the consequences of inadequate housekeeping or attention to safety. Even minor oversights can lead to injury. Common conditions that lead to an accident and that may be grounds to file suit include:
Any condition that causes a preventable fall might point to an occupier’s negligence.
Injuries from slip and fall accidents range from the inconvenient to the life-altering. Whatever the severity of an injury, a legal professional in Abbotsford could pursue financial redress for unsafe conditions that led to a trip and fall incident.
Under British Columbia’s Occupier Liability Act, anyone who has physical possession of a property, or has control over its maintenance and the activities that occur on the property, may be liable when negligence causes injury. An occupier can be a person, business, organization, or government. Tenants are occupiers, but when landlords retain maintenance responsibilities, they may also be occupiers for the purposes of an injury claim.
Occupiers must keep premises reasonably safe for people with permission to enter. Their duty against trespassers is more limited: they must only refrain from intentionally creating conditions that might harm a trespasser.
When an injury occurs on someone else’s land due to a slip and fall, an Abbotsford lawyer can investigate to determine the cause. The fact of an injury is insufficient to support a claim; the injured person must also show that the occupier did not make reasonable efforts to maintain their property in a safe condition. Having notice of an unsafe condition and failing to promptly fix the hazard could lead to a finding of negligence.
In a negligence action, all parties’ conduct is relevant to an award of damages. A judge or jury will consider the circumstances and allocate responsibility for it on a percentage basis.
A person injured in a slip and fall is entitled to compensation of their pecuniary damages, which includes expenses such as uncovered medical products and services, incidental expenses like parking and mileage to medical appointments, lost wages, and future losses. They may also seek compensation for their non-pecuniary losses—pain and suffering, disfigurement, loss of amenities, and loss of the pleasure of life. A judge awards non-pecuniary damages based on other awards to people of similar age suffering similar slip and fall injuries, so an Abbotsford lawyer can do considerable investigation and research to present relevant cases with favourable awards to the judge.
After adding a claimant’s pecuniary and non-pecuniary damages, a judge deducts an amount equal to the claimant’s degree of fault for the incident. A person who was 20 percent at fault would receive damages equal to 80 percent of their losses.
Falls are common, but they can significantly disrupt your life. In some circumstances, a fall can put your life at risk. When a fall caused you to seek medical treatment, miss work, or interfered with your daily obligations and activities, you could pursue compensation.
Speak with an Abbotsford slip and fall lawyer soon after the incident. Zacharias Vickers McCann could investigate to determine whether occupier’s negligence was a factor and, if so, assert a claim for damages. Get started today with a free consultation.
