Depending on where you are in British Columbia, winters can range from mild to severe. However, no matter where you are, cold weather poses significant risks. Snow and ice make conditions particularly dangerous. Parking lots are especially prone to these dangers as snow, ice, and slush accumulate. When these hazards are not appropriately addressed, they can lead to slips and falls that may result in life-changing injuries. If you fell in a parking lot in BC, you may have options for compensation. However, determining if you have a valid claim depends on several factors, including the specific circumstances of the incident, the condition of the parking lot you fell in, and who owns or manages the property.
Commons Reasons for Trips and Falls in Parking Lots
One of the most common causes of parking lot slips and falls is weather-related hazards. Ice, snow, rain, and slush create dangerously slippery surfaces. If the property owners or manager fails to adequately rectify these conditions through timely removal or de-icing measures, they may be held liable for resulting injuries. Maintenance problems are another leading cause of slips and falls. Cracks, potholes, and uneven surfaces can easily trip pedestrians, especially if the area is poorly lit. Insufficient lighting further increases risks since potential hazards become harder to spot and avoid. Obstacles like debris, spills, and loose gravel can also lead to falls. Improperly placed construction materials or equipment may obstruct pathways and create dangerous conditions.
Understanding BC’s Occupiers Liability Act
Under BC’s Occupiers Liability Act, all property owners are legally obligated to keep their premises in a reasonably safe condition for visitors. If they fail to do so and an occupier is left injured as a result, such as during a parking lot slip and fall, the property owner may be held liable. Residential, commercial, and municipal property owners should regularly inspect and maintain their parking lots, ensuring snow, ice, potholes, and poor lighting are taken care of.
The Role of Independent Contractors and Occupiers Liability
Property owners who hire independent contractors for tasks like snow removal or maintenance may not always be liable for accidents caused by a contractor’s negligence. Section 5 of the Occupiers Liability Act specifies that property owners are not liable for injuries if they exercised reasonable care in selecting and supervising a contractor and if it was reasonable to delegate a task to a contractor. In cases where the contractor’s negligence directly or indirectly causes harm, the victim may pursue compensation from the contractor instead. However, property owners must still ensure proper oversight.
What Is Contributory Negligence?
Contributory negligence is detailed in BC’s Negligence Act. This occurs when the injured party’s actions partially contribute to the accident. In parking lot slips and falls, this could include the injured person failing to notice obvious or marked hazards, ignoring warning signs, wearing inappropriate footwear for the conditions, being distracted, or being inebriated. If contributory negligence is proven, the injured person’s compensation is reduced by the percentage of fault assigned to them. So, if you were found to be 30% at fault, any damages you receive from responsible parties will be reduced by 30%.