Slip and Fall Help
If you have been injured as a result of a slip and fall or trip and fall in British Columbia, it is essential to understand your rights at an early stage. Slip and fall cases are highly contested on the question of who is at fault. As a result, legal advice should be sought at the earliest opportunity so as to avoid prejudicing your claim.
Your Rights After A Fall
If you have been injured in a slip and fall, or a trip and fall, you may be entitled to compensation from the occupier of the premises where the incident occurred.
The law in British Columbia requires an occupier to take reasonable care for the safety of individuals that visit their premises. This means that an occupier must take reasonable steps to minimize the risks posed by foreseeable dangers or hazards on their premises. Such hazards may include ice, snow, liquids, unusually slippery floors, or unexpected objects. Hazardous situations may also be present in the form of dangerous steps and walkways.
If you have fallen as a result of a hazard or dangerous situation, the onus will typically be on the occupier to establish that: (1) a reasonable system was in place to minimize the risks posed by such hazards; and (2) the system was being followed at the time of the incident. This may include routine inspections to ensure that hazards are identified and removed, and/or the implementation of measures to minimize the threat posed by the hazard (such as warning signs, railings, or the application of anti-slip substances or surfaces, as the case may be).
What to Do After A Fall
What you say or do in the aftermath of a slip and fall may have important implications for the outcome of your claim. Because claims arising from slip and falls typically involve complex issues relating to liability (fault), it is beneficial to consult with or retain legal counsel at the earliest stage possible.
Immediately after a fall, it is normal to feel a sense of self-consciousness or embarrassment. However, it is important not to minimize what you are experiencing at the scene of a fall, or thereafter. If you require immediate medical assistance, then you should request it at the scene of the fall. After leaving the scene of a fall, you should immediately seek any necessary medical treatment, either at the hospital or medical clinic.
In the days or weeks following a fall, you may be contacted by the occupier, or their insurance agents. They may imply that their objective is to assist you; it is not. If you have been injured, you should talk to a lawyer before engaging in such discussions to avoid saying anything that could be prejudicial to your claim. Further, you should consult appropriate medical treatment providers to evaluate your injuries and assist you in your recovery.
What We Do For You
Slip and fall cases typically give rise to complicated issues relating to liability (or fault). Occupiers and their insurers usually take the position that the fall was your fault, either because you were aware of the hazard or took unreasonable steps to alert yourself to the presence of the hazard. Given the complexity of these liability issues, many personal injury lawyers refuse to accept slip and fall cases. We, on the other hand, have extensive experience with slip and fall claims, and fight vigorously for individuals that have been injured in a slip and fall.
After we are retained, we take immediate steps to investigate the circumstances surrounding the incident. This includes obtaining incident reports and witness statements in the possession of the occupier or their insurance company, interviewing witnesses to the fall, visiting the location of the fall to document the condition of the premises, and retaining experts to evaluate whether a dangerous situation (such as dangerous stairs or walkway) are compliant with BC building laws, regulations, or industry norms.