Slip and fall accidents can be far more serious than most people realize. They can lead to brain and spinal injuries that reduce mobility and independence. They can lead to a lifetime of chronic pain and can impact your ability to work.
When your slip and fall is the result of someone else’s negligence you have the right to pursue compensation for those injuries. Merchant Law can help you do just that.
Understanding Duty of Care
What makes someone responsible for a slip and fall?
Usually we’d be holding a property owner and their insurance company accountable. Property owners have a “duty of care” to maintain their property in good working repair. They are supposed to maintain its safety.
If something breaks they must repair it in a timely fashion. If there’s some reasonable barrier to doing so, they should post signs which warn visitors, employees, customers, and vendors that there is a hazard and that they should exercise care while they’re in that area of the property.
Many property owners fail to do this. Repairs cost money, after all, and it’s not always easy or convenient to stay vigilant over a piece of property.
Understanding Your Opponent’s Tactics
Sadly the defendant in a slip and fall case is rarely going to volunteer to pay you enough to cover your expenses.
Instead, they’ll try to claim a series of things.
First, they’ll try to claim that they didn’t have sufficient time to learn of the hazard or to mitigate it.
If they can’t do that, they’ll try to prove you knew about the hazard and assumed the risk of passing through the area where the hazard could cause you to slip and fall.
Finally, they may try to claim you failed to “mitigate your losses.”
If they can prove any of these things they may be able to reduce what they must pay. In some cases they may be able to prevent you from making a claim entirely.
When you slip and fall try to gather as much evidence as possible on the scene. This includes photos, and the contact information of any witnesses. Get medical attention immediately, and follow all of your provider’s instructions.
Then? Call a qualified personal injury lawyer as soon as you can. Don’t give the defense a head start by waiting. Don’t open yourself up to the possibility of hurting your case by talking to insurance representatives. Just find a lawyer, and call. Remember, you don’t need any money out-of-pocket: we work on contingency.
Not sure whether you have a case? You don’t have to guess or wait. You can schedule a free consultation with one of our expert lawyers right now. We’ll even help you file your claim with the property owner.
Working with us means working with some of Canada’s toughest litigators. You’ll be letting the property owner’s insurance company know you mean business.
Call (250) 385-7777 or visit our offices, conveniently located at: 810 Humboldt St, Suite A02, Victoria, BC V8V 5B1, Canada.