By the Brownlee LLP Insurance Defence Team

Slip and fall cases are daunting when a business receives a statement of claim following such an accident, demanding hundreds of thousands of dollars.

By arguing a plaintiff was contributorily negligent, a business can show the plaintiff failed to take reasonable care to avoid the situation that led to the slip and fall. This can be based on the plaintiff wearing improper footwear, failing to pay attention, or otherwise being distracted. 

In at least one case, a Canadian court found a plaintiff to be as much as 75% contributorily negligent, thereby significantly reducing the compensation that was awarded.