If you’ve been hurt in a slip and fall accident, one of the first questions you’ll probably ask is, “Who is actually responsible?”

The answer isn’t always as simple as blaming the owner of the property.

In British Columbia, responsibility usually comes down to who had control over the property and whether they took reasonable steps to keep it safe.

Property Owners Are Not Automatically Liable

Many people assume that if they fall on someone else’s property, the owner must be responsible.

That isn’t how the law works.

Property owners are expected to take reasonable care to make sure visitors are safe. They aren’t expected to guarantee that no one will ever get hurt.

For example, if someone spills coffee on a grocery store floor and you slip and sustain injuries, the store isn’t automatically negligent. The grocery store is required to show they had a reasonable policy in place and that that policy was followed at the time of the incident. The standard is one of reasonableness and not one of perfection. 

The key question is whether the hazard should have been addressed before the accident happened.

Who Could Be Responsible?

Depending on where the accident occurred, responsibility may fall on several different people or organizations.

This could include:

• Homeowners
• Retail stores
• Restaurants
• Shopping malls
• Apartment building owners
• Property management companies
• Strata corporations
• Municipalities
• Government agencies

Sometimes more than one party may share responsibility for maintaining a property.

Common Property Hazards

Many successful slip and fall claims involve hazards that could have been repaired or properly managed.

Examples include:

• Ice or snow that wasn’t cleared
• Wet floors without warning signs
• Uneven sidewalks
• Broken stairs
• Loose handrails
• Torn carpeting
• Poor lighting
• Potholes in parking lots

Each situation depends on its own facts.

How Is Responsibility Determined?

Lawyers often investigate questions such as:

• Who owned the property?
• Who maintained the area?
• Was there a reasonable system, procedure or policy in place?
• Was that system, procedure or policy complied with at the time of the slip and fall?
• Were inspections completed regularly?
• Had similar complaints been made before?
• How long had the hazard existed?
• Were warning signs used?

Sometimes surveillance footage, maintenance records, or witness statements help answer these questions.

Every Situation Is Different

Two accidents that look similar can have completely different legal outcomes.

That’s why it’s important not to assume you don’t have a case simply because you aren’t sure who was responsible.

An experienced personal injury lawyer can investigate the circumstances and determine whether someone failed to meet their legal obligations.

Talk to ZM LLP

If you’ve been injured in a slip and fall accident anywhere in British Columbia, our team can help determine who may be legally responsible and explain your options. Contact ZM LLP for a confidential consultation.