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Every year in my personal injury practice, I meet with individuals who have sustained significant injuries while out doing otherwise mundane, day-to-day activities like shopping, eating dinner at a restaurant, attending a party, etc.
Injuries can be caused by all kinds of odd and unpredictable circumstances and can lead to very serious injuries. Of all these individuals that I’ve assisted, no matter how different their injuries might be, have one thing in common – they have been injured while on someone else’s property.
In British Columbia, occupiers liability legislation requires occupiers of properties to take reasonable steps to ensure that all visitors to the property are safe while on the property.
This legislation applies to all types of ‘occupiers’, including large businesses that operate whole shopping centers all the way down to individuals like you and me who have friends over for an evening get together.
An individual injured in a grocery store, shopping centre, private home, etc. may have a right to pursue injury compensation if they can prove that the occupier did not take reasonable steps to ensure their safety.
In other words, occupiers do not have to be perfect and take every conceivable action to ensure injury to visitors is impossible. Rather, they just have to act reasonably.
The determination of what is reasonable is based on a consideration of all of the circumstances that led to the injuries and whether the action or inaction of the occupier was reasonable.
Often times it can be very difficult to prove that the occupier failed to act reasonably and furthermore, the notion of what is reasonable can be very subjective. If you cannot prove that the occupier failed to act reasonably, then even if your injuries are very serious, you may not be entitled to compensation.
If you have been injured on someone else’s property it is a good idea to meet with a lawyer as soon as possible to discuss the circumstances to better understand your legal rights.
Similarly, if you are an occupier of premises and someone has been injured on your premises, you should seek legal advice to discuss your options.
Often times, as an occupier, you will be advised to put your insurance company on notice of the incident and they may deal with the lawsuit on your behalf if one is commenced.
Greg Pratch is a lawyer and partner with Pushor Mitchell LLP. He practices in civil litigation with a particular focus of personal injury matters and employment law. In his personal injury practice, he has helped individuals injured in both BC and Alberta recover compensation for all types of injuries including whiplash, soft tissue injuries, chronic pain, broken bones, spinal injuries and brain injuries. In his employment law practice, Greg advises both employers and employees on all matters relating to employment, including wrongful dismissal, human rights issues and employment standards legislation. Greg also advises clients on general commercial disputes and tax disputes with the Canada Revenue Agency. Be sure to connect with Greg Pratch on Twitter @OkanaganLawyer. You can contact Greg at (250) 869-1194, or at pratch@pushormitchell.com.
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