Slip and Fall Injuries in BC: Who Is Responsible and What to Do Next

A fall on an icy entrance, a wet store floor or a broken step can lead to a serious injury, lost income and months of recovery. Whether someone else is legally responsible depends on who controlled the property and whether they took reasonable care.

This article explains how BC's Occupiers Liability Act works, when the duty is reduced, how your own share of fault is treated, and the deadlines that can end a claim before it starts, especially when a city sidewalk or civic property is involved.

Who is responsible when you fall on someone else's property

In BC, the starting point is the Occupiers Liability Act. It places a duty on the "occupier" of premises, not necessarily the owner. An occupier is a person who is in physical possession of the premises, or who has responsibility for and control over their condition, the activities on them and who is allowed in. The Act says there can be more than one occupier of the same place.

That matters in practice. A fall in a shopping centre might involve the mall owner, the store tenant and a property manager. A fall outside a rented house might involve the tenant and the landlord. Section 6 of the Act puts a similar duty on a landlord who is responsible for maintenance or repair under the tenancy.

The duty itself, in section 3, is to take the care that is reasonable in all the circumstances to see that people on the premises will be reasonably safe. It covers the condition of the premises, activities on them and the conduct of third parties there. The law does not require occupiers to make a property perfectly safe. The question is whether they acted reasonably, which usually turns on facts such as:

• The hazard. What caused the fall: ice, a spill, a loose mat, a broken step, poor lighting.
• How long it was there. Whether the occupier knew or should have known about it in time to deal with it.
• What the occupier did about it. Inspection and cleaning routines, salting and sanding in winter, warning signs, repairs.
• The setting. A busy grocery store entrance in a rainstorm is judged differently from a rural trail.

When the duty is reduced or does not apply

The Act limits the duty in some situations. Where a person willingly assumes a risk, the occupier's duty is reduced to not creating a danger with intent to harm and not acting with reckless disregard for the person's safety. The Act treats some entrants as having willingly assumed all risks, including trespassers on certain rural and agricultural land, and people using marked recreational trails or certain rural premises for recreation without paying.

The Act also does not apply to an employer's duties to its own employees, so a fall at work raises different questions. And it does not apply to a municipality or the Province as occupier of a public highway or public road. A fall on a city sidewalk is still possible to pursue, but the claim is framed differently, and the notice rules below become critical.

Your own share of fault

Section 7 of the Occupiers Liability Act applies the Negligence Act. Under that Act, where more than one person is at fault, liability is divided in proportion to each person's degree of fault. If a court found that you were partly responsible, for example because of footwear or not watching where you were going, your compensation could be reduced by your share. Expect the other side to raise this.

Deadlines: two years, and sometimes two months

Most injury claims in BC are subject to the basic two-year limitation period in section 6 of the Limitation Act. The two years run from the day the claim is "discovered", which section 8 ties to when you knew or reasonably ought to have known that you were injured, that it was caused by someone's act or omission, who that person was, and that a court proceeding would be an appropriate way to seek a remedy. Different rules apply to children and people under a disability. For more on how the clock works, see our article on the two-year limitation period in BC.

If a city or regional district may be responsible, a much shorter step applies. Under section 736 of the Local Government Act, a municipality or regional district is not liable for damages unless written notice setting out the time, place and manner of the damage is delivered to it within two months from the date the damage was sustained. In Vancouver, section 294 of the Vancouver Charter has a similar two-month rule: the notice must be left and filed with the City Clerk.

Both provisions allow a court to excuse a missing or insufficient notice if there was a reasonable excuse and the municipality was not prejudiced, and the requirement does not bar the action where the injured person has died. Do not plan around those exceptions. If a sidewalk, civic building or park is involved, get the notice in early.

What to do after a fall

• Get medical care first. Your health comes first, and the medical record will matter later.
• Photograph the scene. Capture the hazard, the lighting, any signs and the surrounding area, ideally the same day. Ice melts and spills get mopped.
• Report it. Tell the store, building manager or landlord, ask for an incident report, and keep a copy or note who you spoke to.
• Collect names. Witnesses, staff on duty, and the business or property manager.
• Keep your evidence. Keep the footwear you wore, receipts, and a simple record of symptoms, missed work and expenses.
• Ask about video. Security footage is often recorded over after a short time, so send a prompt written request asking the business to preserve it.
• Be careful with statements. An insurer for the property may contact you. You can decline to give a recorded statement until you have advice.

Not a slip and fall: falls involving vehicles

If your injury involves a motor vehicle, for example you were struck in a parking lot, a different scheme applies. ICBC's Enhanced Care model now governs most crash injuries and limits the right to sue. Our article on ICBC Enhanced Care and when you can still sue explains how that works.

Hurt in a fall? Get the deadlines and the right defendants sorted early

Our litigation lawyers can review how the fall happened, identify who occupied or controlled the property, deal with any municipal notice, and advise you on the claim and its timing.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.