A slip and fall settlement happens when a slip and fall matter resolves by way of the parties reaching an agreement rather than going to court. The legislation that applies to this area of the law is the Occupier's Liability Act of British Columbia.
A slip and fall lawsuit is when someone falls and gets injured on property owned or occupied by another person or company (in your legal action, this is the Defendant).
When someone gets injured in this way, there are usually two things that the parties need to resolve. They are as follows:
1. They need to determine if the Defendant is liable for the injuries suffered; and
2. If the Defendant is liable for the injuries suffered, how much should they be paid?
The thing is that sometimes accidents just happen. Just because someone gets injured on another person’s property does not necessarily mean that the wounded person will get compensated.
Whether or not the Defendant pays has to do with whether or not they have kept their property safe and in good repair knowing that others may attend on their assets.
Each case is entirely different in that it depends on how much the injured person has suffered and what their injuries are.
Like in other personal injury matters, the damages payable will be broken down into different areas. There are the non-pecuniary damages also known as "pain and suffering." This head of damages is all about how much it sucks that you got hurt.
Then there are also damages for lost wages, out-of-pocket expenses, personal expenses (like how much the crutches cost, how much you paid for subscriptions and the user fees for the chiropractor, for example). Finally, there can also be damages awarded for the future cost of care and future wage loss.
When parties reach an agreement rather than going to court, this is called a slip and fall settlement. In many cases, this happens instead of ending up in a trial. Slip and fall settlements are often preferable for the injured party as going to trial can be very stressful, and it can take a relatively long time to get your matter heard before the court.
To determine the answers to these questions in your case, you will want to get legal advice, and we are pleased to provide it.
Written by Val Hemminger, lawyer at Hemminger Law Group Westshore
Hemminger Law Group Westshore - Lawyers with heart! Providing Family law and Personal Injury law services to the Westshore and beyond (Langford, Colwood, View Royal, Sooke, and Victoria)!