New Brunswick Trip and Fall Lawyers

New Brunswick is one of the few provinces without an Occupiers’ Liability Act. A fall claim here is argued on the common law, asking whether the person in control of the place took reasonable care to prevent the hazard. A New Brunswick trip and fall lawyer proves it with evidence that exists only in the first days, and files within two years.

Two Years to Sue, with a Shorter Notice Rule for Municipal Property

The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years from discovery, which for a fall is the day you fell. A fall on a city sidewalk is different. Local government legislation can require written notice of the claim to the municipality within a short period after the fall. Miss it and the claim ends. If the fall was on public property, call the same week.

The Occupier Owes Reasonable Care, and in New Brunswick the Argument Is Usually About Ice

Under the common law, an occupier, the owner, the tenant, the property manager, or the contractor who was clearing it, must take the care a reasonable person would take to see that a visitor is reasonably safe. In New Brunswick that argument is almost always about winter. Ice on a walkway, a parking lot plowed but not salted, steps with snow left on them. A snow-clearing contract shifts some of the duty to the contractor, so we sue both. Inside, it is the wet floor with no sign, the loose mat, the change of level nobody marked.

The evidence from the first week decides the case. Photographs of the surface within hours, the footwear, the weather record for the day, the maintenance log the occupier is obliged to keep, and any incident report. A New Brunswick trip and fall lawyer sends a preservation letter for surveillance footage before it is overwritten, typically inside thirty days.

A Fall Claim Recovers Pain and Suffering, Income, Care and Housekeeping Without a Cap

A fractured wrist or hip, a torn rotator cuff, a concussion and a back injury are the usual results. Damages cover pain and suffering, lost income, future care and housekeeping loss. There is no cap; the minor injury cap is confined to auto claims. Medicare’s costs are recovered inside the claim. Every occupier runs the same defence, that you were not watching where you walked or wore the wrong shoes. Contributory negligence reduces a claim. It does not defeat one.

Fall Claims Are Filed in the Court of King’s Bench or the Small Claims Court

Claims are filed in the Court of King’s Bench of New Brunswick, Trial Division, or in the Small Claims Court if the whole claim is $20,000 or less. Discovery of the occupier’s maintenance practices usually decides the case.

The Moncton and Saint John offices take fall claims across New Brunswick.

I Fell in a Store but Did Not Report It. Can a New Brunswick Trip and Fall Lawyer Still Claim?

Yes. Report it now, in writing, and see a doctor so the injury is recorded. The occupier will point to the missing incident report. A prompt written account limits the damage.

The Sidewalk Was the City’s. Is the City Liable?

A municipality can be, for a hazard it knew or should have known about and left, subject to the notice rule above and to a standard that allows for the realities of winter maintenance.

I Was at a Friend’s House. Do I Sue My Friend?

You claim on their homeowner’s policy. Almost every fall claim on residential property is paid by an insurer, not by the person.

How Much Is a Broken Wrist Worth?

It depends on the recovery, the work you do and what the fracture leaves behind. We do not quote a figure before the medical picture is settled, and neither should anyone else.

Read suing for a slip and fall on ice in New Brunswick. Reported decisions are on the results page. Other claim types are covered under injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Moncton office opens the file. Contact the firm, or read what the firm can do.