HALIFAX Slip and Fall Lawyer
All property owners and occupiers must ensure their property is reasonably safe for visitors. This is the law in Nova Scotia, with very few exceptions.
Unfortunately, this does not always happen. Property owners sometimes negligently do or fail to do something that puts people’s safety at risk. When injuries occur as a result of a property owner’s negligent actions or inaction, they can be held responsible. This is called “occupiers’ liability.”
If you were hurt in an accident involving unsafe property in Nova Scotia, our compassionate Halifax slip and fall lawyers at Valent Legal can help.
TABLE OF CONTENTS
- Why Injured Nova Scotians Choose Valent Legal for Slip and Fall Claims
- Compensation You May Be Eligible for After a Slip and Fall Accident in Halifax
- The Nova Scotia Occupiers’ Liability Act
- How Do You Prove Liability in a Slip and Fall Claim?
- Common Causes of Slip and Fall Accidents in Nova Scotia
- Common Slip and Fall Accidents We Help With
- How Our Halifax Slip and Fall Lawyers Can Help You
- Slip and Fall Accident FAQs
- Common Injuries Caused by Slips and Falls
- Common Places in Halifax Where Slip and Fall Accidents Occur
- What to do If You’ve Been Hurt in a Fall in Nova Scotia
- Talk to our Halifax Slip and Fall Lawyers Today for Free
Why Injured Nova Scotians Choose Valent Legal for Slip and Fall Claims
Slip and fall accidents can disrupt your life in ways you never expected. When you’re recovering from an injury, you deserve a legal team that treats you with care, patience, and personal attention. At Valent Legal, we are a client-focused injury law firm committed to guiding you, supporting you, and fighting for the compensation you deserve.
- Every case is personal: We take the time to understand how your injury has affected your life and work with you toward a resolution that reflects your needs. Our team offers friendly, down-to-earth service at every stage of your claim.
- A deep connection to our community: Our roots in Atlantic Canada run deep. As a Halifax-based firm, we are proud to support the people we serve through initiatives like Lids4Kids, partnerships with the Canadian Mental Health Association and Elizabeth Fry Society, and community support efforts with the Parker Street Food & Furniture Bank. We believe in advocating for change in the courtroom and in our community.
- Decades of combined experience: Our lawyers bring extensive knowledge of occupiers’ liability law, strong courtroom advocacy, and years of experience negotiating with insurers. Our work has been recognised through multiple awards across Canada, reflecting the care and commitment we bring to every client. We know what it takes to build a strong claim and pursue fair compensation.
- Accessible support from start to finish: We make it easy to get help when you need it. Valent Legal offers free, no-risk case assessments and works on a contingency fee basis, meaning you pay no fees unless we recover compensation for you. Our team is accessible at every stage of the process, so you never feel alone in your recovery.
Compensation You May Be Eligible for After a Slip and Fall Accident in Halifax
After a slip and fall accident, a settlement may be one resolution to the case that allows you to avoid having to go to court. An acceptable settlement amount should be enough to cover all of your past, present, and future expenses. Not all cases can be settled, however. Some must go to court so that you can secure fair compensation.
In Nova Scotia, a civil case must be proven based on a balance of probabilities, meaning that the allegation must be shown to be more probable than not. It is simply defined as being more than 50 percent likely to be true.
An injured person can pursue several different types of damages. The following are the most common kinds of damages, or monetary compensation, in slip and fall cases:
- Pecuniary Damages: Pecuniary damages apply to actual costs to a victim that can be proven and calculated, such as lost income, loss of future earning capacity, medical bills, and the cost of required assistance.
- Non-Pecuniary Damages: Non-pecuniary damages are far more subjective and cover pain and suffering, mental distress, and loss of amenity.
- Punitive Damages: Punitive damages are also possible to obtain in Nova Scotia, but are exceptionally rare. These damages are awarded to punish defendants for particularly egregious forms of misconduct and are not typically awarded for basic acts of negligence.
The Nova Scotia Occupiers’ Liability Act
An “occupier” is defined under Nova Scotia’s Occupiers’ Liability Act as a person who is in physical possession of premises or who has responsibility for, and control over, the condition of premises, the activities conducted on the premises, or the persons allowed to enter the premises. There can be more than one occupier of the same premises.
The term “premises” is defined to include the following:
- Land and structures, except portable structures and equipment
- Water
- Ships and vessels
- Trailers
- Portable structures
An occupier of any premises owes a duty to protect any person who sets foot on their property from unnecessary injury. The Occupiers’ Liability Act provides that this duty applies regarding:
- The condition of the premises
- Activities on the premises
- The conduct of third parties on the premises
When determining whether a party met their duty of care, the Occupiers’ Liability Act provides that the following should be considered:
- The knowledge that people will likely be on the premises
- The circumstances surrounding their entry to the property
- The age of the person entering the premises and their ability to recognize hazards and known dangers
- Any efforts made to warn of known dangers to visitors
- Any reasonable expectations of protection that should be extended to visitors
The Occupiers’ Liability Act also states that the duty of care does not apply to:
- Risks willingly assumed by people entering premises
- Areas that are deemed to be willing assumptions of risk, including land used primarily for agricultural or forestry purposes, vacant or undeveloped rural land, forested or wilderness land, or recreation facilities when closed for the season
- Utility rights-of-way and corridors, excluding structures located on them, and highway reservations under the Public Highways Act
- Private roads on private land
- Private roads to which Nova Scotia law does not otherwise apply
- Reasonably marked by notice as private, where persons are physically restricted from access by a gate or other structure
- Recreational trails that are reasonably marked
Slip and Fall Accidents on Public vs. Private Property in Nova Scotia
In Nova Scotia, you are entitled to pursue an Occupiers’ Liability claim for an accident that occurred on either private or public property, depending on the circumstances. However, the legal process and liability can differ depending on the location. Understanding the distinctions between public and private is crucial for pursuing compensation.
Private Property
Private property will include locations like:
- Residential homes
- Apartment buildings
- Retail stores
- Commercial establishments
You can file a claim against private property owners and occupiers in Nova Scotia when they fail to carry out their duty of care in keeping their premises reasonably safe. To take appropriate action against a private property owner, you and your lawyer can launch a personal injury claim and negotiate a settlement, or pursue litigation in court through a civil claim. It is important to remember that you generally only have 2 years from the date of your accident to file a civil claim in Nova Scotia, according to the Limitation of Actions Act.
Public Property
Although you are also entitled to file a slip and fall claim for accidents that occur on public property, the process will look slightly different. Public property is government-owned premises, either federal, provincial, or municipal, such as the following:
- Public parks
- Public sidewalks
- Public schools
- Public libraries
- Other government buildings
When suing a city or municipality, several rules, requirements, and deadlines apply that differ from those in injury cases involving private properties. The Occupiers’ Liability Act does not apply, and instead, you must file a claim under the Municipal Government Act. For example, in certain cases, you must provide written notice of your injury to the involved public entity within 30 days of the accident. Failing to do so may invalidate any future claims you wish to pursue. In addition, municipalities are sometimes protected by certain legal immunities, meaning they may only be held liable if they were grossly negligent or severe injuries occurred. For advice about pursuing a public slip and fall claim, it is best to consult with an experienced slip and fall lawyer.
How Do You Prove Liability in a Slip and Fall Claim?
Generally, a person injured in a slip and fall accident in Nova Scotia must prove that an owner or occupier was negligent and failed to fulfill their legal duty of care. Proving negligence will involve demonstrating that an owner or occupier failed to take reasonable care in preventing a slip and fall accident.
There are several ways you and your lawyer can prove liability in a slip and fall claim:
- Collect Key Evidence: Evidence that shows the owner was negligent in keeping their premises reasonably safe might include:
- Photos or videos of the hazard
- Accident reports
- Photos or videos of injuries
- Witness statements
- Medical records
- Documentation of medical expenses
- Clothing or footwear you were wearing at the time of the accident
- And more
- Establishing the Existence of Hazard: Another important aspect of your slip and fall claim will be proving that the owner knew or should have known about the hazard and failed to address it. To prove this, you might collect:
- Surveillance footage of the premises
- Maintenance logs
- Cleaning records
When establishing liability in your slip and fall claim, timing is key. The longer you wait to gather or report evidence, the harder it might become to prove your claim. Our Halifax personal injury lawyers will help you preserve evidence, request surveillance footage before it’s deleted, and communicate with the insurance company or property owner on your behalf before it’s too late.
Common Causes of Slip and Fall Accidents in Nova Scotia
The simple truth about slip and fall accidents is that they often occur suddenly and without warning. The cause of a slip and fall may seem obvious in hindsight, but the threat was difficult for a person to recognize at the time.
Some of the most common causes of slip and fall accidents generally include:
- Spilled liquids
- Torn floor mats
- Cluttered walking spaces
- Broken handrails
- Loose floorboards
- Exposed cords and other obstacles
- Cracked, defective, or broken sidewalks
- Dirty or trash-covered floors
- Potholes
- Snow and ice
- Ripped or torn carpeting
- Inadequate lighting
- Slippery floors
- Unsafe or hazardous property
- Stray electrical cords and wires
- Inclement weather
Do not worry if you are not entirely sure what caused your slip and fall accident. By involving our Halifax slip and fall lawyers right away, we can investigate and determine the exact cause of your fall to hold the proper party accountable.
Common Slip and Fall Accidents We Help With
Slip and fall accidents can occur in various ways and often result from a property owner’s failure to maintain their premises in a reasonably safe condition. These accidents may seem minor at first, but they can lead to serious and long-lasting injuries. Valent Legal helps clients who have been hurt because of a wide range of hazards, including:
- Wet or slippery floors
- Uneven surfaces, loose tiles, or torn carpeting
- Poor lighting in hallways, staircases, or parking areas
- Broken handrails or unsafe stairways
- Falling merchandise in stores
- Unsafe decks, porches, or walkways
- Hazards on construction sites
- Ice, snow, and other weather-related dangers
- Cluttered walkways or tripping obstacles
If an unsafe condition caused your injury, our Halifax slip and fall lawyers can help you understand your rights and take the next steps toward compensation.
How Our Halifax Slip and Fall Lawyers Can Help You
A slip and fall claim requires careful investigation, strong evidence, and a clear understanding of Nova Scotia’s liability laws. Hiring an experienced personal injury lawyer can help you avoid common pitfalls, communicate with insurers, and protect the value of your claim. At Valent Legal, we guide clients through every stage of the process, allowing you to focus on your recovery while we work to protect your rights.
- Investigating the accident scene: We conduct a thorough investigation and gather key evidence, such as photographs, maintenance logs, incident reports, witness statements, and surveillance footage. Our goal is to establish a clear picture of how the hazard occurred and whether the property owner should have addressed it.
- Proving negligence under Nova Scotia law: Our team examines whether the owner or occupier fulfilled their duty of care, whether the hazard existed long enough to be corrected, and what steps should have been reasonably taken to prevent the injury. The burden of proof in slip and fall claims depends on a balance of probabilities, meaning that we must demonstrate negligence was more likely than not.
- Handling all communication and negotiation: We deal directly with insurers, adjusters, and property owners, so you don’t have to manage stressful conversations. Our lawyers work to secure a fair settlement that reflects the full impact of your injuries and financial losses.
- Litigating your claim when necessary: If negotiations do not produce a fair settlement, our team will not hesitate to take your claim to court. We will present evidence clearly and advocate strongly for the compensation you deserve.
At Valent Legal, we handle every case with personal attention and care. Slip and fall claims are never one-size-fits-all, and we take the time to understand what makes your situation unique. If you’re ready to take the next step, reach out for a free, no-risk case assessment.
Slip and Fall Accident FAQs
Can I File a Slip and Fall Accident Claim on Behalf of a Family Member?
Yes. You may be able to file a claim on behalf of a family member if they are a minor, are unable to manage their own affairs due to injury or incapacity, or have passed away. In these situations, a legal representative, often a parent, guardian, or estate administrator, can pursue the claim on their behalf. A lawyer can help determine who is legally permitted to act.
How Long Does It Take to Settle a Slip and Fall Accident?
Settlement timelines vary depending on the severity of the injury, the duration of medical recovery, the availability of evidence, and the level of cooperation from the insurer. Some cases may resolve within a few months, while others may take longer if the injuries are complex or liability is disputed. Valent Legal works to move your claim forward efficiently while ensuring the settlement reflects your full losses.
How Long Do I Have to File a Slip and Fall Accident Case in Nova Scotia?
Most slip and fall claims must be filed within two years of the accident or of the date the injury reasonably should have been discovered. Claims involving municipalities may require written notice within 30 days, and different rules apply for minors. Speaking with a lawyer early helps ensure all deadlines are met.
What Is the Process for Filing a Wrongful Death Claim Related to a Slip and Fall Accident?
Under Nova Scotia’s Fatal Injuries Act, a wrongful death claim must generally be filed by the estate’s executor or administrator, or the deceased’s surviving family members. The process includes gathering evidence about how the hazard occurred, proving negligence, documenting financial and emotional losses, and submitting the claim. Valent Legal can guide families through each step with care and clarity.
What if I Slipped on Ice Outside a Business?
Business owners and occupiers are required to take reasonable steps to keep walkways, parking lots, and entrances safe, especially during winter conditions. If the owner or occupier did not properly maintain the property, such as by failing to salt, sand, or clear ice, you may have grounds for a claim. Evidence such as photographs and witness accounts can be especially important in icy slip and fall cases.
Can I Still File a Claim If I Was Partially at Fault?
Yes. Nova Scotia uses a contributory negligence system, meaning you can still recover compensation even if you were partly responsible for the accident. Your compensation may be reduced in proportion to your share of fault. Valent Legal can determine who is at fault and how your share of the blame might affect your claim.
Common Injuries Caused by Slips and Falls
People can suffer a wide range of injuries in slip and fall accidents. Some people will be able to walk away from their accidents without any injuries, while many others could face several days, weeks, or months of hospitalization. Some victims never fully recover. Certain types of slip and fall injuries can even be fatal.
Some of the more common kinds of injuries can include:
- Neck and back injuries
- Fractures
- Joint damage, especially to knees and ankles
- Lacerations
- Spinal cord injuries, including paralysis
- Traumatic brain injuries, or TBIs
- Sprains
- Pulled muscles
- Soft tissue injuries
- Internal organ damage
When a slip and fall accident results in fatal injuries, the victim’s family could be entitled to file a wrongful death claim. Families in these cases could be entitled to damages for loss of financial support, care, guidance, services, companionship, and more.
Common Places in Halifax Where Slip and Fall Accidents Occur
Slip and fall accidents can occur almost anywhere people walk. No single location is an exclusive site for these kinds of accidents, and nowhere is completely safe.
Examples of some of the more common locations for slip and fall accidents include:
- Grocery stores
- Retail stores
- Restaurants
- Bars
- Movie theatres
- Amusement parks
- Small businesses
- Office buildings
- Parking lots and parkades
- Hotels and resorts
- Public spaces
- Workplaces
- Staircases
- Escalators and elevators
- Homes
Determining who the owner or occupier of a premises can be challenging. Our lawyers are ready to determine who the liable party is and work to seek maximum compensation for your injuries.
What to do If You’ve Been Hurt in a Fall in Nova Scotia
The first thing to do after a slip and fall accident is to get immediate medical attention. Go to a hospital even if you do not think you’re hurt. It is critical to receive medical care as soon as possible. Some injuries may have delayed symptoms, but could be very serious if left untreated. This is also important for maintaining an immediate medical record of your injuries following an accident, as this evidence might be used in your slip and fall claim later on.
You can also do yourself a favour by trying to take as many pictures as you can of everything involved in the accident scene, especially whatever the hazard was that caused your fall. Get photographs before the property owner corrects the danger, and the evidence disappears.
If there were other people who saw the accident, ask them for their names and contact information. These individuals could prove to be very valuable witnesses if there is any dispute about who was at fault.
Slip and fall injuries are more than just
accidents—they can change your life. Our team will help you navigate the legal process and fight for the justice you deserve.
Talk to our Halifax Slip and Fall Lawyers Today for Free
If you suffered serious injuries or your loved one was killed in a slip and fall accident in Halifax or a surrounding area of Nova Scotia, contact Valent Legal right away. We know the impact that an injury can have on your life and the lives of your family members. If it was caused by the negligence of a property owner or occupier, we will be ready to help you get compensation and justice.
Our team is known for our skillful representation and compassionate approach to client care. Our Halifax slip and fall lawyers represent clients on a contingency fee basis, which ensures that you won’t pay anything out of pocket unless and until we secure compensation for you.
Call (902) 443-4488 or contact us online to schedule a free case discussion.