An individual or a company/business occupying any property, has the legal obligation to ensure the area is safe for occupants and visitors – this is the Occupiers’ Liability Act. In full, the duty of care section of the act states:
(1) An occupier of premises owes a duty to take that care that in all the circumstances of the case is reasonable to see that a person, and his property, on the premises, and property on the premises of a person, whether or not that person himself enters on the premises, will be reasonably safe in using the premises.
(2) The duty of care referred to in subsection (1) applies in relation to the
(a) condition of the premises;
(b) activities on the premises; or
(c) conduct of third parties on the premises.
(3) Notwithstanding subsection (1), an occupier has no duty of care to a person
(a) in respect of risks willingly accepted by that person as his own risks, or
(b) who enters premises that the occupier uses primarily for agricultural purposes and who would be a trespasser under the Trespass Act,
other than a duty not to
(c) create a danger with intent to do harm to the person or damage to his property, or
(d) act with reckless disregard to the safety of the person or the integrity of his property.
(4) Nothing in this section relieves an occupier of premises of a duty to exercise, in a particular case, a higher standard of care which, in that case, is incumbent on him by virtue of an enactment or rule of law imposing special standards of care on particular classes of person.
If you have suffered an injury on someone’s property, whether residential or commercial, call us for a consultation. Issues surrounding this act can be complicated, and we will help you understand your legal rights and the compensation you are entitled to. It’s important to seek medical treatment to get a record of the incident even if you weren’t seriously hurt, as some injuries have delayed symptoms, and the emotional stress caused by the fall can mask physical trauma. If there were witnesses on-scene, ask for their contact information, but avoid posting photos or details about the incident on social media until you consult with us. Insurance agencies may search for misinformation on these channels to undermine your injury claim.
Call us at (250) 494-6621 to start your claim.
Reference for this article: bclaws.gov.bc.ca
Further reading: Personal Injury Claims
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