Slips and fall accidents can occur in parking lots, grocery stores, and restaurants. They’re also a common safety hazard in nearly every workplace.
The Canadian Centre for Occupational Health and Safety reports that more than 42,000 people sustain injuries per year due to work-related falls.
A slip and fall may appear minor but can cause serious injuries to various body parts. Depending on the severity of the injury, some may be unable to work or suffer long-term disability after a slip and fall.
A report from the Workers’ Compensation Board of Nova Scotia reveals that slip, trip, or fall incidents were responsible for over 20 percent of all time-loss injuries. These injuries caused Nova Scotian employees to either miss work or left them with permanent disabilities.
If you were injured in a slip and fall accident because of someone else’s negligence, you can seek compensation for your losses. However, property owners and insurance companies generally don’t accept responsibility right away unless there’s substantial proof.
Fighting for the compensation you deserve can be a significant challenge. This is why retaining a lawyer who specializes in slip and falls is very important. Diamond & Diamond Nova Scotia lawyers are here to walk you through the intricacies of slip and fall cases and how to protect your rights after sustaining an injury.
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Understanding How Slips and Falls Occur in Nova Scotia
Slips and falls happen when a person loses secure foot contact with the ground or floor, disrupting their centre of gravity.
Any unsafe walking surface can potentially cause a slip and fall. Depending on the specific hazard, the resulting injuries can vary in severity, from minor concussions and broken bones to severe ones, such as spinal cord injuries and traumatic brain injuries.
Understanding the typical causes of slips and falls and the places where they frequently happen is essential, especially when navigating their legal implications.
What are the common causes of slips and falls?
Too little traction or friction between your footwear and walkways can cause you to slip and fall.
Common causes of reduced traction include wet floors, slippery stairways, and snow-covered walkways. Hazards, such as loose carpeting, uneven sidewalks, and missing handrails, can also contribute to slip and fall accidents in Nova Scotia.
Weather-related elements, such as snow, rain, and ice, present additional risks for slips and falls. Some occupations are also at a higher risk of slip and fall incidents, especially when there aren’t any proper workplace safety practices in place.
Understanding the factors that cause slips and falls is important to determine who is responsible for the accident. More importantly, identifying slip and fall hazards is critical in preventing future accidents.
Where do slips and falls commonly occur?
Knowing where most slips and falls happen is important in order to prevent them. This also plays a critical role in establishing who is responsible for the injuries.
Workplaces are particularly prone to slip and fall accidents in Nova Scotia. Approximately 1,310 Nova Scotians sustained severe work-related injuries from slips and falls in 2022 and needed to take time off work to recover.
Moreover, there’s no exclusive location for slip and fall accidents. Other than the workplace, the following places are also prone to slip and fall incidents:
- Grocery stores and other retailers
- Shopping malls
- Hotels and restaurants
- Parking lots and garages
- Amusement parks
- Public sidewalks and walkways
- Private residences
Determining Slip and Fall Liability in Nova Scotia
Slip and fall accidents are a sobering reality in Nova Scotia, which often cause serious injuries and considerable financial burdens for the injured victims.
You can hold the owner of the premises where the slip and fall happened liable for the economic and non-economic losses you’ve sustained. However, merely slipping and falling on someone else’s property doesn’t mean that the property owner is liable.
Injured victims must meet specific conditions to recover compensation after a slip and fall accident. Nova Scotia’s Occupiers’ Liability Act (Act) governs cases involving slips and falls.
When determining liability and claiming compensation for slip and fall accidents, you’ll need to establish the following elements:
Duty of care
Section 4(1) of the Act imposes a duty of care on an occupier or property owner.
That means the person who owns or is responsible for the property must take reasonable care to keep visitors safe from foreseeable dangers. For example, landlords and grocery store owners are responsible for addressing potentially unsafe conditions on their premises.
If you or a loved one were injured in a slip and fall accident on someone else’s property in Nova Scotia, you’ll need to prove that the owner owed you a duty of care.
When determining whether the owner of the property owes someone a duty of care, the court considers the following factors:
- Whether the occupier or owner knew of the hazard on the property
- Whether the person entering the property had the occupier’s permission to be on the premises
- The injured victim’s capacity to appreciate the danger
- Whether it was reasonable for the occupier to have taken steps to provide protection or implement precautionary measures
Breach of duty of care
To have a viable claim for a slip and fall accident, you need to also prove that the occupier breached their legal obligation to keep the premises reasonably safe. Typical examples of this include the following:
- Failing to identify and address foreseeable slip and fall hazards
- Inadequately warning visitors and guests of the potential danger on the property
- Neglecting to remove or repair existing hazards on the premises
- Negligent oversight of third parties on the property
Causation
Once the occupier’s duty of care and a breach of that duty is established, you’ll need to demonstrate causation.
This means you’ll need to prove that your injuries directly resulted from the danger on the premises, which the occupier failed to remove.
Proof of damages
The final element of establishing liability in slip and fall accidents in Nova Scotia is proof of damages.
You must provide proof that you sustained actual losses due to the accident. The damages can be quantifiable, like medical costs and lost wages, or subjective, such as diminished quality of life, loss of enjoyment, or pain and suffering.
How a Nova Scotia Slip and Fall Injury Lawyer Can Help
Proving fault and liability isn’t always straightforward. Depending on the facts of the slip and fall accident, there may be complicated factors and possible exceptions.
Though it’s not required, working with a lawyer is in your best interest. A lawyer can give you sound legal advice and clarify the options you have available. Here’s how a Nova Scotia slip and fall injury lawyer can help you:
Investigate who is responsible for the accident
Determining liability is the most challenging part of slip and fall cases. An experienced slip and fall injury lawyer in Nova Scotia can help you investigate the accident and establish liability by gathering all relevant physical evidence.
Secure a fair settlement negotiation with the insurer
Insurance companies aren’t keen on offering reasonable settlements. While you can negotiate with them by yourself, assessing your current and future losses accurately is challenging. In most cases, the amount they offer will only partially compensate you for your losses.
A lawyer, on the other hand, has sufficient legal knowledge and experience to properly calculate the compensation you’re legally entitled to receive. They can better represent you in negotiations with insurance companies and secure the compensation you deserve.
Defend what you’re legally entitled to in court
Not all negotiations with the insurer result in a fair settlement, and your case may eventually end up in court.
You can actually represent yourself in court. However, without relevant experience and knowledge, you can lose the case, or the case may be dismissed.
A lawyer is better equipped to handle such situations. They’ll address all the legal intricacies in your slip and fall accident, from building a compelling case to filing the necessary legal paperwork and providing all relevant evidence.
Seek Reliable Legal Assistance From Diamond & Diamond
While settling your slip and fall case without a lawyer’s assistance can be tempting, it can put you at a disadvantage. Slip and fall accidents involve multiple complex factors, making establishing fault and liability extremely challenging.
Seeking the help of a lawyer can significantly enhance your chances of achieving a favourable outcome. Contact Diamond & Diamond for a free consultation. Our team of reliable lawyers is well-versed in the intricacies of personal injury law in Nova Scotia and is ready to fight for your rights.
FAQs on Slip and Falls in Nova Scotia
What immediate steps should you take after a slip and fall in Nova Scotia?
A lawyer can help with your slip and fall claim in Nova Scotia. But you can also help to build a strong case by taking the following immediate steps after the accident:
- Inform the occupier or owner of the premises about the slip and fall accident.
- Take photos of the area containing the unsafe condition that caused the accident.
- Seek medical attention and have your slip and fall injuries appropriately assessed and treated.
- Write down any relevant details you remember about the accident.
How long can you file a slip and fall claim in Nova Scotia after an accident?
In Nova Scotia, there is a two-year limitation period to file your slip and fall claim. This time limit typically starts from the date of the accident.
Even if you have two years to make a claim, you should report the incident as soon as possible to the appropriate authorities. For example, if the accident happened at the grocery store, notify the owner or manager.
How much does hiring a slip-and-fall accident lawyer in Nova Scotia cost?
The amount lawyers may charge varies depending on the complexity of your case and the type of fee arrangement. The general range typically starts from $150 to $500 per hour.
Some lawyers may also work on a contingency fee arrangement. In this case, the lawyer receives an agreed-upon percentage of the compensation as their fee if you win the case. In other words, they get paid only if they win your case. The exact percentage amount, however, is open to negotiation between the lawyer and the client.
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