Halifax Slip and Fall Lawyers

Being injured in a slip and fall accident can have devastating consequences for accident victims, including trauma to the brain or spinal cord injuries. Nova Scotia has strict laws that require property owners to maintain safe premises for visitors and allow accident victims to pursue compensation for medical expenses and other related damages if these requirements are not met. The best way to seek the fair compensation you deserve after being injured in a slip and fall accident is to work with an experienced lawyer who will act as your legal advocate.

If you have suffered a slip-and-fall injury, contact NOVA Injury Law immediately to schedule a free consultation. Our highly skilled lawyers have a proven record of helping clients obtain compensation for fall injuries, including medical expenses and pain and suffering.

What are the Common Factors in Slip and Fall Accidents?

Slip-and-fall accidents can be attributed to several factors, including wet floors, icy sidewalks, and other hazardous winter conditions involving snow and ice. They usually occur when an individual loses footing on a slippery surface. In other instances, accident victims can also suffer injuries from trip-and-fall accidents. A trip-and-fall accident occurs when an individual’s foot catches on an object, also causing them to lose their footing.

One key element examined in any type of fall accident is whether the liable party could have anticipated that the condition could cause an injury. Under Nova Scotia law, accident victims must prove that the hazard that caused them to slip or trip was or should have been evident and that nothing was done to remedy the situation.

Common Locations Where Falls Happen

Fall accidents can occur anywhere, with potential risks including poor lighting, loose or broken steps or tiles, or inadequate maintenance.

Several locations seem to be more common for fall injuries:

Parking lots
Sidewalks
Public property
Private property

Injuries Commonly Sustained in Falls

Fall injuries can result in severe injuries that can take weeks, months, or even longer to heal. Severe injuries can quickly send a family into a financial crisis as they attempt to cover medical expenses and cope with lost wages.

Some of the injuries commonly sustained in falls include:

Fractures in arms, legs, wrists, and hands
Spinal cord injuries
Cuts, bruises, and scrapes
Head trauma, including traumatic brain injuries

How Do You Establish Liability in a Fall Accident?

The most crucial legal element in a fall accident case is liability. The accident victim must show that the property owner was negligent in their duty of care to prevent hazards or rectify dangerous conditions. Additionally, a plaintiff must also prove a causal link between the property owner’s negligence and the injuries, it must also be established that the circumstance caused actual damages.

In Nova Scotia, a unique landlord liability scenario arises from the province’s Occupiers’ Liability Act (OLA). This Act imposes a duty on property owners, including landlords, to take reasonable care to ensure that guests are safe while on the property. The OLA extends to the condition of the premises, activities on the premises, and the conduct of third parties. The Municipal Government Act (MGA) also mandates the same regulations for government entities to ensure public safety.

Premises Liability and Legal Responsibility

Under the OLA, property owners and others must keep guests safe from “foreseeable risks,” which is defined as any likelihood of injury that a property owner or occupier should reasonably anticipate in a given situation.

The MGA applies the same legal principles to municipalities that oversee public parks or are in the position to address issues such as broken sidewalks. Unsafe conditions in public parks can include slippery surfaces or poorly maintained playground equipment. Depending on the situation, property owners may also be responsible for fixing broken sidewalks to prevent fall accidents.

Additionally, construction sites are unique in that multiple entities can be held liable if a fall accident were to occur. Those potentially responsible include the general contractor and subcontractor. Fall risks on construction sites include inadequate or poorly maintained work areas, damaged scaffolding boards or ladders, and unmarked holes in the floor or wall openings.

How Does a Lawyer Build a Slip and Fall Case?

If you have been injured in a fall accident, you must follow several steps to protect your well-being and right to file a claim. The importance of obtaining a copy of the accident and police report cannot be overstated, as they provide legal documentation detailing the events that occurred. These documents can help establish liability and expedite the claims process. Failure to follow all necessary steps could result in your claim being delayed or denied.

The steps involved when filing an accident claim include:

Report the accident to the property owner or manager immediately. Be sure to request a copy of the accident report to keep for your records.
Contact the police to report the accident. Having a copy of the accident and police report will prove invaluable when you file your insurance claim.
Gather evidence, including photos and videos of the accident scene, and the contact information of any bystanders who witnessed the accident.
Seek medical attention. Being evaluated by a healthcare professional will provide essential medical documentation that will support your case.
Notify the property owner’s insurance provider to let them know you have been injured in an accident.
Get help from a qualified fall accident lawyer who can assist you with filing your insurance claim.

The Role of Fall Accident Lawyers

After you have been injured in a fall, the best step is to seek legal representation immediately. A skilled fall accident lawyer can assist you with obtaining documentation and filing an insurance claim.

NOVA Injury Law has highly qualified fall accident lawyers with comprehensive experience in helping clients navigate the claims process. For your convenience, our law firm offers free consultations and personalized service to ensure you are treated fairly by the insurance company.

Can I Obtain Compensation for a Slip and Fall Accident Without Having to Go to Court?

Even a minor slip and fall accident can cause severe injuries that leave the victim with expensive medical bills and other expenses. “Economic damages” are compensation that reimburses slip and fall victims for out-of-pocket expenses incurred as a result of their injury. Economic damages may include:

Past and future medical bills
Lost wages
Loss of earning potential

Nova Scotia personal injury law allows slip and fall accident victims to file an insurance claim to recover damages and compensation for non-economic losses, such as pain and suffering and emotional distress, as well.

Lawsuit vs. Settlement: What to Expect

Most slip and fall accident cases are settled out of court through negotiations between a lawyer and the insurance provider. Damages are often decided by determining who was at fault and the severity of the victim’s injuries. The evaluation process can include reviewing testimony from medical professionals and accident reconstructionists, as well as considering the intangible losses suffered by the victim.

Depending on the circumstances involved, your lawyer may advise you that your case needs to go to court to be resolved. If your lawyer and the insurance company cannot reach a fair settlement, your legal representative will file a lawsuit to try to recover compensation.

A settlement can possibly be reached in a short period, as opposed to a lawsuit that can take months or longer to proceed through the court system. Additionally, settlements are often preferred over lawsuits as they eliminate uncertainty and allow victims to resume their lives quicker than if they wait for a lawsuit to conclude.

What Do Workers Need to Know About Slip & Fall Incidents?

Generally, workers who have been injured in slip and fall accidents can turn to the Workers’ Compensation Board (WCB) of Nova Scotia for assistance with medical costs and other related expenses. However, in some cases, workers may be able to file a lawsuit against a third party if their negligence caused or contributed to their injuries.

If a worker decides to file a premises liability claim against a third party, they must notify the Workers’ Compensation Board (WCB) within 180 days of the date of injury. While pursuing a third-party claim, the injured worker may still be able to receive workers’ compensation benefits. In some instances, the WCB may assist the injured worker by pursuing the claim on their behalf. Just as with other claims, if a settlement cannot be reached, a worker may need to file a third-party premises liability lawsuit to recover rightful compensation.

Call Our Halifax Slip and Fall Lawyers Today

If you have been injured, contact our experienced Halifax slip and fall accident lawyers immediately. Our law firm has a proven track record of helping victims of falls recover the maximum compensation for their injuries. As with any personal injury case, acting quickly is key, as evidence can disappear over time. Therefore, it is best to seek legal help immediately so your case can be handled effectively.

Contact NOVA Injury Law today by calling 1-800-262-8104 to schedule a free consultation, and we will begin working to help you move forward.