One of the biggest misconceptions about slip and fall cases is that simply getting injured on someone else’s property automatically means you have a claim.
Unfortunately, it isn’t that simple.
To successfully recover compensation in British Columbia, you generally need to prove that someone else’s negligence caused your injuries.
The Four Things That Usually Need to Be Proven
Most slip and fall claims come down to four key questions.
1. Was There a Dangerous Condition?
First, there must have been something unsafe.
Examples include:
- Ice or snow
- Wet floors
- Loose flooring
- Broken stairs
- Poor lighting
- Uneven pavement
The hazard needs to present an unreasonable risk to visitors.
2. Should the Property Owner Have Known?
The next question is whether the owner or occupier knew, or reasonably should have known, about the hazard.
For example, if a spill sat on a grocery store floor for an hour, staff may have had enough time to discover and clean it.
If someone spilled a drink only seconds before your fall, the situation may be very different.
3. Did They Take Reasonable Steps?
Even if a hazard existed, property owners aren’t automatically negligent.
The court will look at whether they acted reasonably.
Did they inspect the property regularly?
Did they clean up hazards promptly?
Did they put up warning signs?
Did they repair damaged walkways?
Reasonable care is the legal standard.
4. Did the Hazard Cause Your Injuries?
Finally, you need to show that the unsafe condition actually caused your injuries and resulting losses.
Medical records often play an important role here.
Evidence Makes the Difference
Many slip and fall cases succeed or fail based on the available evidence.
Photographs, surveillance footage, witness statements, maintenance records, and medical documentation all help build a strong case.
The sooner this information is gathered, the better.
Don’t Assume You Don’t Have a Case
Many people avoid speaking with a lawyer because they aren’t sure they can prove what happened.
That’s exactly what an experienced lawyer can help determine.
The sooner you get advice, the easier it often is to preserve valuable evidence before it’s lost.
Speak With ZM LLP
If you’ve been injured in a slip and fall accident, our team can review the circumstances, explain what evidence may be needed, and help you understand whether you have a claim.
