Property Owner’s Duty of Care The Occupiers Liability Act establishes responsibility upon property owners and occupiers to ensure their premises are safe and free of hazards. It creates a duty of care which is summarized as follows: The duty of care is to take reasonable care in the circumstances to make the premises safe The…
Written by Ms. Jacqueline A. Small, B.A. LL.B. – A property owner owes a duty of care to workers carrying out construction work on the business or home. Home and business owners could be responsible for injuries suffered by workers not protected from risks and hazards. This includes falling injuries and slip and fall. Occupier’s Liability…
Written by Jacqueline A. Small, B.A. LL.B Restaurant liability for customer injuries can result in significant money awards. Failure to provide warning signs can result in monetary compensation to the injured. Poor maintenance will also expose the restaurant owner to liability. A restaurant owes a duty to take reasonable care that customers on its premises…
This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…
Frequency of Falling Injuries Slip and falls account for 32% of all reported emergency room visits in Canada. This, according to Canadian Institute for Health Information (CIHI). Slip and fall lawyers, the most common type of falls resulting in injury were slipping, tripping and stumbling. Hip fracture was the most common injury, responsible for almost…
This claimant signed a membership waiver before being injured in a jiu-jitsu competition. He claimed the Jiu-Jitsu Academy was negligent in allowing him to compete in a higher weight class. The defendants however denied negligence and relied on two signed waiver forms preventing this slip and fall claim. The first waiver form was part of…
Injured while shopping in a grocery store or retail store can be embarrassing. However, slip and fall injuries can lead to serious life long disabilities. These cases often require handcrafted injury settlements, given the unique facts. Notwithstanding, there are three elements required to attain successful settlement of an injury claim against a store. Proving Duty…
Store liability for customer injuries due to poor maintenance will result in money compensation. Most store owners therefore best have a system in place to keep customers safe. Following the system is key, however, regardless of the adequacy of the system. An occupier of a store owes a duty to take reasonable care that a…
Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury. There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the…
The claimant slipped and fell on a sidewalk in Summerland, B.C. She slipped on a patch of ice and fell while using her four-wheeled walker. The fall injured the claimant. The court found Summerland breached its own policy by failing to inspect its sidewalks for snow and ice (Scheck v. District of Summerland et al,2019 BCSC 48…