What is the current state of the law on slip and fall?

British Columbia, Canada


The following excerpt is from Gignac v. Rozylo, 2010 BCSC 595 (CanLII):

First, in Gordon v. Palmer ,[9] Thackray J. (as he then was) made the following observations: I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. ... It is not a legal principle of which I am aware and I have never heard it endorsed as a medical principle. Significant injuries can be caused by the most casual of slips and falls. ... The presence and extent of injuries are to be determined on the basis of evidence given in court.

Second, in Price v. Kostryba,[10] McEachern, C.J.S.C. (as he then was), said at para 4: Perhaps no injury has been the subject of so much judicial consideration as the whiplash. Human experience tells us that these injuries normally resolve themselves within six months to a year or so. Yet every physician knows some patients whose complaint continues for years, and some apparently never recover.

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