Slip and Fall Lawyers in Nova Scotia
In Nova Scotia, occupiers have the duty to ensure that people are reasonably safe on their premises. If the breach of this duty resulted in an accident where you suffered an injury or injuries, a slip and fall lawyer could help you determine if you are entitled to compensation.
On the surface, slipping and falling may not seem as severe as a car accident. However, these types of accidents can result in personal injury, medical expenses, inability to work, among other consequences. So, if the accident was caused by someone’s negligence, you may be able to file a slip and fall claim.
A Halifax personal injury lawyer may be able to help you determine if you have an insurance claim and the compensation that you could be entitled to. If you have questions about your slip and fall case, contact the lawyers at Kimball Law.
Slip and Fall Claim in Nova Scotia
In Nova Scotia, a slip and fall accident occurs when a person slips, trips, or falls on another person’s property. For this type of claim, it must be proved that the victim was injured because the occupier failed to keep the premises reasonably safe.
Notice that, in this context, an occupier is anyone who has either 1) physical possession of a premises or 2) responsibility for or control over the condition, activities, or personal allowed to enter the premises. So, this could include a wide variety of people from homeowners to tenants and landlords to business owners
Slip and falls are very common accidents that can take place for a variety of reasons. However, for personal injury purposes, a slip and fall accident has the following elements:
Duty of Care
In Nova Scotia, the Occupiers’ Liability Act sets out the duty of care that occupiers of a premise have to those entering the premise. This includes things like: ensuring the condition of the premises, activities on it, and conduct of others on the premises are reasonably safe. In other words, they need to take precautions to ensure that everyone who enters the premises is reasonably safe while being there.
Standard of Care
This step looks at whether the conduct of the occupier fell below what is required or expected of a reasonable person. For example, imagine a grocery store employee knew a customer had dropped and spilled olive oil all over an aisle. They chose not to take action. As a result, you slipped and injured yourself. A reasonable person’s conduct in this scenario would likely be to put out a sign and clean up the mess as soon as possible.
After establishing that the occupier owed care to you and did not give you the proper standard of that care, you must establish that your injury was connected to the behavior of another. In our olive oil scenario above, you would be showing that the employee’s behavior – even in part – caused your injury. It doesn’t matter if they dropped the olive oil, but it does matter that you wouldn’t have been injured if they had warned you and/or properly cleaned up the mess.
Sometimes “remoteness” is an issue in negligence cases – and a complicated one at that. This step looks at how far the occupier’s liability extends. In our olive oil example, the grocery store could have foreseen your fractured knee but they might also be responsible if – as a result of that fractured knee – you later developed another condition.
If you were injured as a result of a slip and fall, you are entitled to be restored to the position you were in before the injury occured. You might have easily quantifiable losses – like specific medical costs or time is taken off work because of your injury. You may also have some less easily quantifiable losses – like pain and suffering or loss of enjoyment.
If the negligence of another contributed or caused your slip and fall accident, you may be able to file for compensation. We recommend speaking with a personal injury lawyer to help navigate the complicated elements and possible exceptions to the legal duties outlined above.
Types of slip and fall accidents that we handle
While almost any unsafe, unlit, slippery, damaged floors or walkways could result in a slip or trip and fall injury, here are some more common causes of slip and fall accidents that we help our clients with:
- Snow and ice
- Cracked concrete or walkways
- Uneven floors
- Wet or slippery floors
- Dim lights that prevent people from avoiding hazards
- Broken or damaged stairs
- Lack of handrails on staircases and ramps
Although these incidents may not seem as severe as other cases, slip and fall accidents can result in serious injuries that can affect your quality of life. Some of the most common injuries resulting from slip and fall accidents include, but are not limited to:
- Migraines and concussions
- Broken bones
- Spinal injuries
- Soft tissue damage
- Neck, shoulder, and back injuries
- Nerve damage
In Nova Scotia, if the accident resulted in the death of an individual, the family may be able to file a wrongful death claim against the liable party. If you have specific questions about your claim, you should speak to a slip and fall accident lawyer in Halifax.
Compensation for slip and fall accidents
If you can prove that the occupier of the premises failed to keep the premises reasonably safe and, as a result of such negligence, you were injured, you could be entitled to receive compensation for your damages.
In a slip and fall accident claim in Nova Scotia, people could receive compensation for the damages caused by the incident. These include, but are not limited to:
- Medical expenses
- Loss of income
- Pain and suffering
- Loss of future earning capacity
- Property damage
Who Is Liable in a Slip and Fall Accident in Nova Scotia
According to Nova Scotia Occupiers’ Liability Act, occupiers need to ensure that each person entering their property is reasonably safe. This means that the conditions of the premises, the activities held on it, or in some cases the conduct of others, do not represent danger for the person entering the property.
In other words, occupiers are expected to offer some protection or, depending on the type of property, follow the appropriate safety requirements. If the occupier was negligent in securing the premises or giving warning of the danger, then, they may be considered liable for a slip and fall accident.
However, the Court may consider some of the following, in determining whether the occupier is liable or not:
- They made an effort to give warning of the danger or discouraged persons from incurring risk;
- The person willingly or voluntarily assumed risk;
- The circumstances of entry to the premises;
- The age of the person entering;
- The occupier’s knowledge (or knowledge they ought to have had) of persons being on the premises; or
- Whether the occupier would be reasonably expected to offer protection.
For example, imagine your local grocery store was remodeling and, as a result, they barricaded off a section of the store. In addition to this, they had a sign warning of a cracked floor and discouraging people from crossing the barrier.
If you decide to go to that section and it results in a slip and fall accident, the occupier may not be liable for the incident. The occupier made reasonable efforts to warn of danger, tried to prevent entry to the area, and you chose to assume the risk, despite warnings.
Steps to Take After a Slip and Fall Accident
If you or a loved one suffered a slip and fall accident in Nova Scotia, there are a few steps you can take immediately following the accident that may help build a strong case. However, depending on the severity of your injuries, some or all of the following may not be possible:
- Notify the owner: if you slipped or tripped and fell on someone else’s property, inform the property owner about your accident. If the incident happened in a business or store, notify the manager and request a copy of an accident report.
- Gather pictures and evidence: before you leave the scene you may want to take pictures where you show the area that contains the hazard that caused the accident. As part of the evidence, if there were witnesses, you may want to collect their information so you can contact them later. Also, make sure you save all the documents connected to your case, such as medical bills and reports.
- Get medical attention: even if it seems that you were not hurt, after an accident you should seek medical attention. In addition to treating your injuries, a doctor can provide you with a medical report that explains the type of injuries you sustained. This document can also be used as evidence for your claim. If the doctor orders a treatment, make sure you follow it as prescribed.
- Make a record of the events: before you forget what happened, write down what you remember about the accident. Make sure to mention the obstacles or other things that may have caused your accident. This information can help your slip and fall accident lawyer understand what happened.
Contact a Slip and Fall Lawyer in Nova Scotia
There are multiple things that can cause a slip and fall accident. However, if you were injured as a result of someone’s negligence, you may be able to file a claim and recover compensation. If you were in an accident, the personal injury lawyers at Kimball Law can help you determine if you have a claim.
With over 40 years of experience, Kimball Law is a personal injury law firm that represents clients with insurance claims in Halifax, Wolfville, Bedford, Kentville, Coldbrook, the Annapolis Valley, and surrounding areas.
If you or a loved one suffered a slip and fall accident, contact the personal injury lawyers from Kimball Law. Our lawyers are here to hear your story and explain the legal options available to you. Book a free, no-obligation consultation by calling at 1 (902) 422-8811.
Slip and Fall Claims Frequently Asked Questions
How long does it take to settle a slip and fall accident?
All slip and fall accidents are different, as a result, it is difficult to establish a deadline for all cases. That said, depending on the complexity of the case, slip and fall accident claims can take between a few months and several years.
The timing for a slip and fall claim depends on different factors such as the severity of the injuries, the amount of compensation requested, and the evidence that you present. To learn more information about your specific case, you should consult a slip and fall lawyer.
How long do you have to file a slip and fall accident in Nova Scotia?
In Nova Scotia, the statute of limitation for slip and fall accidents is two years. In other words, people have 2 years from the day the accident happened to file a claim for a slip and fall accident.
Although you have 2 years to file a file, it is important that you report the accident as soon as possible to the appropriate authority. For example, if your accident occurred in a store, you should immediately report it to the manager.
Can I sue in Nova Scotia for a slip and fall accident?
In Nova Scotia, there is a duty on occupiers of premises to ensure that everyone who enters upon them is reasonably safe while on the property. If a person is harmed in a slip and fall accident that resulted from the occupier’s negligence, the victim may be entitled to compensation.
Like other personal injury cases, slip and fall accidents are based on a person’s negligence. In this case, an occupier is responsible for the property – its condition, the safety of the activities taking place, and the safety of those entering the premises.
If this was not the case and, as a result, you were harmed, you may be able to file a claim to recover compensation for your injuries. However, because there may be some exceptions, it is always prudent to speak to a Halifax personal injury lawyer first in order to get a sense of whether you have a case or not.