Financial Compensation For Slip And Fall Injuries In British Columbia
The victim of a slip and fall incident could struggle with a disruption of his or her lifestyle and habits. Consequently, personal injury lawyers agree to handle claims made by such victims. Usually, the client’s case enjoys the support provided by British Columbia’s Occupier’s Act.
What is the Occupier’s Act?
It is a regulation that is directed at the occupiers of properties. It states that an occupier must take all reasonable steps to make certain that those that come onto the property legally can remain safe. The Act applies to both commercial and private occupiers. It includes occupied open spaces, such as parking lots and sidewalks.
Possible reasons for a slip and fall incident on a sidewalk, or in any public area:
• An uneven surface
• Poor lighting
• Inadequate flooring
• Something was spilled on the surface.
• Debris present, but warning not posted.
• Hazard present, but warning not posted.
• In British Columbia, low temperatures can cause the formation of ice.
Personal injury lawyers sometimes have cases that raise a special issue:
For instance, if a client has fallen on a city sidewalk, then the city’s rules must be followed. Most municipalities ask that claimants send a notice of their intentions within a given number of days, following any claimed incident. If that notice has not been sent, the claim must be dropped.
ICBC Lawyers in Burnaby know that issues may also arise, if someone has slipped on an icy sidewalk. Homeowners are supposed to remove the snow within a certain amount of time, after it falls. Yet the removal of snow does not prevent the formation of ice, when temperatures drop. Any water from melted snow could freeze on the sidewalk.
Sometimes, though, a homeowner acts like the occupier of that public pathway, even though sidewalks do not really have occupiers. For instance, a homeowner might allow water from a drain pipe to flow onto the sidewalk. If that water were to freeze, and someone were to slip and fall, the occupier/ homeowner could be held responsible. Another example would relate to a homeowner that was having work done on an area of the lawn near the sidewalk. The crew doing that work might leave some object on the sidewalk, or might water the lawn before leaving for the night. In either case, a hazard could be created.
In one case, the object on the sidewalk might cause someone to trip and fall. A hazard might also develop, if the lawn was watered at a time of year when night temperatures were known to drop. In that case, the crew should have put up some type of warning. The absence of a warning could cause someone to fall. Thus, the homeowner might be held liable for injuries.