When you’re hurt because someone else wasn’t careful, the law of negligence is what lets you claim compensation. The negligence lawyers at Taylor & Blair LLP have over 30 years of experience in making sure individuals who are injured due to the negligence of others receive fair compensation. In British Columbia, courts look for four building blocks: duty of care, breach of the standard of care, causation, and damages. If all four are present, you likely have a negligence claim.
The Four Elements of a Negligence Claim
1) Duty of care
A duty of care exists when the relationship between parties is close enough that one should reasonably consider the other’s safety. Examples of this are drivers owing a duty to other road users; property owners (called “occupiers”) owing a duty to visitors; professionals owe duties to their clients or patients, etc.
2) Breach of the standard of care
The question here is simple (although answering it may not always be): did the person act as a reasonably careful person would in the same situation? Examples:
- A dog owner allowing a dog they know to be dangerous off leash in public
- A grocery store failing to inspect and clean up a spill in a reasonable time
- A property manager ignoring repeated reports of raised paving stones that create a trip hazard.
The “standard of care” can be shaped by written policies, industry practices, bylaws, and common sense. Having a policy isn’t enough, the policy has to be followed in practice. Failure to adhere to the reasonably expected standard of care can be negligence.
3) Causation
It is not enough to show there was a breach in the standard of care, you must show the breach caused your injury. BC courts generally use the “but-for” test: but for the defendant’s carelessness, would the injury have happened? Medical records, timelines, witness accounts, and expert opinions often matter here in proving that the breach of the standard of care was in fact the cause of the injuries alleged.
4) Damages
Finally, you need actual, proven losses to make a claim in negligence. These can include:
- Pain and suffering (or non-pecuniary damages)
- Past loss of income
- Future loss of income
- Loss of capacity to earn income
- Loss of homemaking capacity
- Cost of future care
- Out of pocket medical expenses (or special damages)
- In-trust claims
Even the best negligence lawyer can’t push forward a claim without damages. No damages, no claim, even if someone was negligent.
Common Negligence Scenarios in BC
Slip-and-fall / trip-and-fall
Under BC’s Occupiers Liability Act, owners and those in control of property (from condo corporations to retail stores) must take reasonable care to make premises safe. Reasonableness depends on the setting:
- A downtown supermarket needs frequent floor inspections and quick cleanup logs.
- A municipality with known heaving sidewalk pavers should have reasonable inspection and remediation cycles, not just “band-aid” fixes after complaints.
Inspection logs, maintenance records, prior complaint histories, and CCTV can make or break these cases.
Hazardous property conditions
Poor lighting in stairwells, missing handrails, icy walkways, broken curbs, or construction zones without proper warning can all point to negligence. For public sidewalks and roads, additional rules and short notice periods may apply, which is why it is always important to have a negligence lawyer on your side.
Product and professional negligence
Defective products and negligent professional services (e.g., unsafe design choices, substandard medical or therapeutic care) can also result in personal injury and negligence claims. These cases often hinge on expert evidence and technical standards.
Evidence BC Courts Consider in Negligence Matters
In coming to a finding of negligence a Court will consider the evidence of the parties involved, however in most cases it is the documentary evidence which can carry the day. Examples of common evidence that can be found in cases of negligence include:
- Scene evidence: Photos/video, measurements, weather data, incident reports, police files.
- Maintenance and policy records: Inspection schedules, cleaning logs, work orders, past complaints, service contracts.
- Witness accounts: Independent witnesses add credibility, it can be important to get names and contact details early.
- Medical documentation: Clinical records from hospitals, general practitioners and specialists, including diagnostic imaging, treatment plans, and prognoses are important pieces of evidence to prove damages.
- Employment and financial loss: Pay stubs, T4s, tax returns, attendance records, evidence of lost contracts or self-employment decline are necessary to prove financial losses due to negligence.
- Expert opinions: It is common for expert witnesses to give their opinions in negligence claims, including engineers, human-factors experts, accident reconstructionists, and medical specialists, often in relation to the standard of care and causation.
The team of negligence lawyers at Taylor & Blair LLP have connections with experts in almost every field to help prove your claim at trial.
Contributory Negligence & Mitigation
BC’s Negligence Act allows fault to be shared which is called contributory negligence. If you were 25% responsible, for example if you were looking at your phone while walking and not paying attention to your surroundings and then you tripped, the court can reduce your damage by 25%. Other common allegations include not wearing proper footwear on ice, ignoring warning signs, or generally acting unreasonably in the circumstances.
You also have a duty to mitigate your losses: follow reasonable medical advice, attend therapy, do home exercises, and look for modified work when appropriate. Unreasonably refusing treatment can reduce compensation.
Experienced Negligence Lawyers
The experienced team of negligence lawyers at Taylor & Blair LLP have over 30 years of experience dealing with personal injury claims. There can be specific timelines in which you have to act if you have been injured due to the negligence of others. Contact Taylor & Blair LLP today for a consultation with a negligence lawyer to discuss your claim free of charge.