Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury.
There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the breach of the duty the stronger the case. Expert opinion will also assist in valuing cost of care and diminished capacity.
Case Studies on Slip and Fall Settlement Amounts
In this case the occupier made an offer to settle for $25,000 plus costs. The injuries were to her shoulder and elbow from a slip and fall on the stairs of her rental premises.
The claimant was 75% liable for the accident, giving rise to her injuries and the defendant was 25% liable. The court assessed the damages at $25,000 for pain and suffering, $11,179.03 for past wage loss, and $329.28 for special damages. She was awarded 25% of that amount, or $9,127.25.(Hunter v. Anderson, 2010 BCSC 1591)
The second case concerns a slip and fall on an icy parking lot. The claimant received an award of $310,991.60 (with 20% reduction for contributory negligence). He suffered a serious knee injury.
In addition, claimant settled his claim with the City before trial by signing a “B.C. Ferries Agreement”. the slip and fall settlement amount was not disclosed. That agreement provided that the claimant would not pursue the City for “any amounts that it may be responsible to pay the plaintiff in the event of a finding of liability against the City at trial”. The claimant consented to a dismissal of his claim against the City.(French v The City of Fort St. John and Fort St. John Curling Club, 2004 BCSC 93)
The final case was a successful slip and fall claim against Superstore. The claimant stepped in a large pool of liquid laundry detergent, slipped, fell and hit her head. Superstore was not following a system of inspection and maintenance on the day. She suffered a serious head injury. As a result, she received a $755,549.25 award(Harrison v. Loblaws, Inc. (Real Canadian Superstore), 2018 BCSC 575)
She suffered a significant permanent head injury. Her sensitivities to light, sound, and motion dramatically affected her. She received $175,000 for a pain and suffering award.
Learn more about slip and fall injury claims.
Tags: Settlement Amounts