What are My Rights When I Slip and Fall?
Most of us will have had the experience of feeling our feet begin to fly out from under us as we step onto a patch of ice or a slippery floor. Arms flail, the heart leaps, and maybe we manage to catch ourselves before we fall – but sometimes, we do fall, and suffer serious injuries as a result. Often, the victim of such injuries is entitled to compensation. In BC, if you are injured as the result of slipping be sure to contact McQuarrie Hunter, a Surrey law firm with the experience needed to find out if you are entitled to compensation.
Who is entitled to compensation?
In Canada, people who have been injured in a slip and fall accident may be eligible for compensation if the accident was caused by someone else’s failure to fully perform their duty of care. Property owners have a duty to ensure that their premises are reasonably safe and if it is found that they owner has failed in this duty then they may be liable for the accident. The families of people who are injured as a result of a slip and fall caused by someone else may also be able to seek compensation for certain losses. If you injure yourself as a result of a fall that was not caused by another person, you will not likely be eligible for compensation – however, many people who hurt themselves as a result of a fall tend to think that it was “their own fault” for being clumsy, not paying attention, or for some other reason. However, in many of these cases, there is actually a liability on the part of someone else – for this reason, if you have been hurt in a fall you should consult a lawyer even if you think that you were at fault.
What kinds of injuries may be compensated?
In general, injuries and the effects of those injuries may be eligible for compensation. This includes lost income as a result of being unable to work, or if you are unable to return to your previous occupation and suffer a reduced income as a result. It also may include lost opportunities. Medical and rehabilitation costs are covered, as are expenses related to home care and home maintenance if you are unable to provide these for yourself. You may also be entitled to compensation for pain and suffering, loss of enjoyment of loss of amenities of life. Additionally, your partner and family may be entitled to compensation for lost care, companionship and guidance.
Who is liable for my fall?
The determination of liability is not always a straight-forward thing, especially when it comes to slip and fall accidents. This is because there is some leeway given to property owners, for example, to have a reasonable amount of time to discover and repair a problem with their sidewalk or floor. In the case of government or municipal properties, there may also be some special considerations.
Because it is not always clear who is responsible for an injury-causing slip and fall, it is very important that you consult a lawyer as soon as possible if you have been injured as a result of a fall.