All property owners and occupiers must ensure their property is reasonably safe for visitors. This is the law in Nova Scotia, and there are 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 happen as a result of a property owner’s negligent actions or inaction, they can be found 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.
Slip and fall accidents can result from a wide range of hazards that cause injuries, including:
- Wet floors
- Uneven tiles
- Poor lighting
- Broken handrails
- Slippery surfaces
- Poorly constructed houses or decks
- Falling merchandise in stores
- Unsafe construction sites
- And more
Victims of property owner negligence might suffer from:
- Sprains
- Strains
- Concussions
- Chronic pain
- Migraines
- Sleep disorders
- Broken bones
- And more
These types of trauma can have severe consequences, particularly for the vulnerable and elderly.
The Halifax occupiers’ liability lawyers at Valent Legal understand that any injury can have serious and long-lasting effects. We are here to help guide you through the claim process, while you focus on your recovery. You will find our lawyers to be down-to-earth, easy to talk to, and not intimidating. We treat our clients like people, not just cases.
For a free, no-risk case assessment, give us a call or schedule your free case review today. Our experienced slip and fall lawyers work on a contingency fee basis, which means there are no fees until you get a settlement or you win a judgment in court. Contact us online now
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 as:
- 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 states that this duty applies in respect to:
- The condition of the premises
- Activities on the premises
- The conduct of third parties on the premises
When determining whether this duty of care was carried out effectively, the Occupiers’ Liability Act provides that consideration should be given to:
- 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, highway reservations under the Public Highways Act
- Private roads on private land
- Private roads that Nova Scotia law does not otherwise apply to
- 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
How Do You Prove Liability in a Slip and Fall Claim?
In general, a person injured in a slip and fall accident in Nova Scotia must prove that an owner or occupier was negligent and failed to uphold 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
- Establish Existence of Hazard: Another important aspect of your slip and fall claim will be proving that the hazard existed long enough that the owner knew or should have known about it and addressed 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.
How Can a Slip and Fall Lawyer in Halifax Help?
The first thing that a personal injury lawyer is going to be able to do for you after a slip and fall accident is immediately conduct their own independent investigation into the accident. The lawyer can determine the true cause of the accident and also secure all of the evidence needed to prove someone else’s fault.
A lawyer may look at several factors to determine if you have a case worth pursuing. This might include, for example:
- The weather at the time of the fall
- The shoes you were wearing
- Whether you were wearing glasses or contacts
- The involvement of alcohol
- The existence of dangerous conditions.
- And more
If they believe you have a valid personal injury claim against a negligent party, then your lawyer may be able to begin negotiating a possible settlement to your case.
You need a lawyer to handle settlement negotiations because chances are that whatever you are offered initially by insurance companies or the property owner will be far less than what you are really entitled to.
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. This simply means that an allegation was more probable than not. It is simply defined as being more than 50 percent likely to be true.
When an injured person is successful in court, they could be awarded a number of different damages. The most common kinds of damages, or monetary awards, in slip and fall cases are:
- 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. They are usually meant to 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.
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 getting our Halifax slip and fall lawyers involved right away, we can investigate and determine the exact cause of your fall in order to hold the proper party accountable.
Common Places in Halifax Where Slip and Fall Accidents Occur
Slip and fall accidents can happen just about anywhere people are walking. 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 is is not always easy. Our lawyers are ready to determine who the liable party is and work to seek maximum compensation for your injuries.
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 (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.
What to do If You’ve Been Hurt in a Fall in Nova Scotia
The first thing you need to do after a slip and fall accident is get medical attention. Go to a hospital even if you do not at first think you are 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 danger is corrected by the property owner 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 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), which might include:
- Public parks
- Public sidewalks
- Public schools
- Public libraries
- Other government buildings
When you sue a city or municipality, a number of rules, requirements, and deadlines apply that do not apply to injury cases involving private properties. This is because the Occupiers’ Liability Act does not apply, and instead your claim must be made 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.
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.
You can have us help you understand all of your legal options when you call us at 902-443-4488, schedule a free case discussion, or contact us online.