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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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Slip and Fall

Common Slip and Fall Injuries

Frequency of Falling Injuries Slip and falls account for 32% of all reported emergency room visits in Canada. This, according to Canadian Institute for Health Information (CIHI). Slip and fall lawyers, the most common type of falls resulting in injury were slipping, tripping and stumbling. Hip fracture was the most common injury, responsible for almost…

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Waiver Form No Bar to Injury Claim

This claimant signed a membership waiver before being injured in a jiu-jitsu competition. He claimed the Jiu-Jitsu Academy was negligent in allowing him to compete in a higher weight class. The defendants however denied negligence and relied on two signed waiver forms preventing this slip and fall claim. The first waiver form was part of…

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Getting to Injury Settlement with a Store

Injured while shopping in a grocery store or retail store can be embarrassing. However, slip and fall injuries can lead to serious life long disabilities. These cases often require handcrafted injury settlements, given the unique facts. Notwithstanding, there are three elements required to attain successful settlement of an injury claim against a store. Proving Duty…

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Store Liability for Slip and Fall

Store liability for customer injuries due to poor maintenance will result in money compensation. Most store owners therefore best have a system in place to keep customers safe. Following the system is key, however, regardless of the adequacy of the system. An occupier of a store owes a duty to take reasonable care that a…

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Lawyer Punished for Seeking Costs Against another Lawyer

In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply troubled by the positions plaintiff’s counsel took on this application, including seeking an order for…

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Slip and Fall on a Public Sidewalk – Who Owes the Duty of Care?

In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the  senior’s housing facility, Parkdale,…

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City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…

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Slip and Fall in Superstore Results in Brain Injury

This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury.  The claimant sought  damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took place at the  Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…

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