Slip and Fall

Property occupiers have a legal duty to keep visitors reasonably safe. 

Who is an "occupier"?

In Nova Scotia, an “occupier” is the person or organization in control of a property. This is not always the legal owner. It can be a tenant, a property manager, or a business operating in a rented space, or anyone who has control over the condition of the premises and who is inviting or allowing others to use it. 

Reasonable care standard

An occupier must take reasonable care so that people and their property are safe. The law does not require occupiers to prevent every possible accident. They must take the kinds of precautions a reasonable person would take in the circumstances, such as conducting regular inspections, promptly cleaning up spills, providing proper lighting and clearing snow or ice.

Higher standards for businesses

Courts often expect a higher level of care from businesses that invite people in. Stores and restaurants should have regular inspection and cleaning systems and records of them.

Occupiers law covers any injury caused by the condition of the property or activities happening there. A hazard is an unsafe condition or situation on a property that can foreseeably cause injury if it is not fixed, guarded, or warned about.

Occupiers are not automatically responsible for every accident. However, they may be found negligent if they fail to take reasonable steps to find, repair, or warn visitors about a known hazard.

Common hazards include:

• Physical defects: Like broken stairs or loose railings.
• Surface conditions: Like spilled liquids or "black ice" on a driveway.
• Design issues: Like steps that are too steep or narrow.
• Poor lighting: It makes it hard to see other dangers.
• Activity-related hazards: Risks associated with activities that occur on the property, such as events. 
• Third-parties: Dangerous behaviour of others if they fail to control known risks on the property.

To win a case, the injured person must prove negligence. This means showing the occupier failed to take reasonable care. You must show the occupier knew about the hazard or should have known about it if they were doing proper inspections.

The occupier might argue contributory negligence. This means they believe the fall was partly your fault. They might say you were looking at your phone or wearing unsafe shoes for the weather. If a court agrees, the compensation you receive for your injuries could be reduced.

It is very important to see a doctor right away after a fall. You need medical evidence to show that the fall caused the injury you are making a claim for in a lawsuit. 

In court, you must prove your case on a “balance of probabilities”. This means you must show your story is more than 50% likely to be true.

If your injuries are minor and your claim is for $25,000 or less, you can use the Nova Scotia Small Claims Court. This court is faster and less formal. It is designed to be used without a lawyer. 

In Small Claims Court, there is a strict $100 limit on general damages, which is any compensation for losses that lack a specific price tag, such as pain and suffering or loss of enjoyment of life. However, you can still claim up to $25,000 for other expenses, such as lost wages or medical bills. 

Even in Small Claims Court, you must bring evidence to prove the occupier’s negligence, such as:

• Photos or videos of the hazard,
• Witness statements, 
• Medical records and receipts, 
• Any maintenance or inspection records you can get. 

There are strict deadlines for starting a lawsuit called limitation periods. In most cases, you have 2 years from the date of the fall to sue. If you miss this deadline, you may lose your right to seek money for your injuries.

Children under 19 have more time. Their two-year "clock" typically starts when they turn 19. Because these rules are complicated, you should get legal advice as soon as possible to avoid missing a deadline.

Many property owners, tenants, and businesses in Nova Scotia have insurance that usually includes liability coverage. 

When a lawsuit is filed, the insurance company usually has a duty to defend under the policy. 

This means the insurer:

• Chooses and pays for a lawyer to represent the occupier.
• Pays for the costs of investigating the accident.
• Pays the legal fees to defend the claim in court.

Coverage limits 

Most insurance policies have a limit, often $1 million or $2 million. The insurer pays for the lawyer and any court award or settlement up to that limit. If a court decides you owe more than your policy limit, you might have to pay the extra amount yourself.

Settlements are common 

Most slip and fall cases end in a settlement rather than a trial. A settlement is an agreement to pay a certain amount of money to end the dispute. These are usually negotiated between the insurer’s lawyer and the injured person. Because the insurer is the one paying, they usually have a strong say in whether to settle and for how much, though it must still act in good faith toward you as its insured.

Do not admit fault or pay money on your own 

Insurance policies usually require you to avoid admitting legal fault. You should not make payments or promise money to the injured person without your insurer's permission. Being kind and saying "I am sorry you fell" is not the same as accepting legal blame. However, making a formal admission of fault could give the insurer a reason to refuse to cover you.

Which policy pays? 

The general rule is that the insurance claim follows whoever had "control" of the area. 

• If someone is hurt inside a rented apartment, the tenant’s insurance usually applies.
• If the injury happens in a lobby or parking lot, the landlord’s insurance usually applies.
• Sometimes both policies are involved, depending on the lease and who was responsible for the area.

You must cooperate 

To keep your insurance coverage, you must cooperate with the insurance company and their lawyer. This includes:

• Giving them copies of incident reports and maintenance logs.
• Sharing any photos of the area.
• Answering their questions honestly.
• Going to court or legal meetings when asked. If you refuse to help, the insurer might stop defending you or refuse to pay the claim.

If you have been hurt in a fall, there are several things you can do to protect your health and your legal rights:

1. Document the hazard and scene immediately: If you are able, take clear photos and videos of the exact spot where you fell. Make sure to capture the specific hazard, such as ice, a spill, or a broken step. Also, show the surrounding area, including the lighting and any warning signs. Note the time, date, and weather conditions.
2. Identify the occupier and witnesses: Get the names and contact details of the property owner, manager, or tenant - whoever appears to be in charge. You should also get contact details for anyone who saw the fall or the hazard.
3. Seek medical attention and follow advice: See a doctor or go to the hospital as soon as possible. This is important for your health and creates a medical record of your injuries. Follow all treatment plans and keep copies of your medical records and receipts.
4. Report the accident: Tell the person in charge of the property about the fall before you leave. Ask if they have an incident report form and request a copy for your records. Stick to the facts and avoid blaming yourself or others during this report.
5. Keep a journal: Write down how your injuries affect your daily life, such as your ability to work, sleep, or do chores. This can be helpful evidence if you need to prove your damages later.
6. Get a free consultation: Many personal injury lawyers in Nova Scotia offer a free initial meeting. This allows you to discuss what happened and learn about your legal options without any upfront cost.

If you own or occupy property, these tips can help show you met your legal duties:

1. Inspect your property regularly and keep records: You must show you take reasonable care. Keep written records of cleaning schedules, repairs, and maintenance, such as snow removal or salting.
2. Focus on care, not blame: Check if the person is injured and offer help. Avoid making statements that could be seen as admitting legal fault, as this could impact your insurance coverage.
3. Report the incident to your insurer immediately: Notify your insurance company as soon as you know about an accident. Give them the details of the incident, photos, and any witness information you collected.
4. Keep the evidence: Do not fix or remove the hazard permanently until your insurer has documented it, unless it is a safety emergency. If you must make urgent repairs to prevent more injuries, take clear photos and notes of the hazard first. If you have security cameras, save the video from the time of the accident immediately. 
5. Cooperate with your legal team: You have a duty to help your insurer and their lawyer. This includes providing maintenance logs, answering questions honestly, and attending meetings if a lawsuit is filed.