It is well-established in B.C. law that the “occupier” of a property, such as a retail store, can be held liable for a personal injury sustained by members of the public due to negligence. This does not mean the occupier is automatically responsible for every injury that occurs on its property. Instead, the B.C. Occupiers Liability … Continue reading Tanaka v. London Drugs Limited: Store Not Liable for Customer-on-Customer Assault
Preszler Law Trial Lawyer Nathaniel J. Hartney recently won a difficult wrongful death jury trial against ICBC. Nathaniel represented the widow of a man who was killed while riding his motorcycle on the sea to sky highway after a logging truck overturned and spilled its load of logs into oncoming traffic, striking and killing his … Continue reading Preszler Law Wins Jury Trial against ICBC
British Columbia Airplane Accident Lawyer A commercial and private airplane accident is often a life-changing event for victims and their family members, causing serious and debilitating injuries for some, and fatal wounds for others. All airplane accidents, however small or large, require thorough investigation by an experienced British Columbia airplane accident lawyer, even if you … Continue reading The Basics of a Airplane Accident Personal Injury Claim
Cars have been equipped with seatbelts for decades. The regulation of seatbelts and the impact that they have on both drivers and passengers in the unfortunate event of a motor vehicle crash have been the subject of much debate over the years. There are some schools of thought that would believe that seatbelts are not … Continue reading British Columbia Seatbelt Laws: What you Need to Know
Although dogs are often referred to as “man’s best friend”, unfortunately this is not always the case. Some dogs by their nature have the great capability to cause serious injuries, both to people and other animals. If you are the unfortunate victim of such an incident, it is important to take the proper steps to … Continue reading I’ve Been Bitten by a Dog in British Columbia: What do I do?
For residents of British Columbia, crossing the border into the United States can be a regular, if not daily occurrence. Whether for travel to Washington, commuting for work, going on a day trip, or conducting other business, the reasons for doing so are wide and surprisingly common. Many BC residents are even employed in the … Continue reading Navigating the Legal Implications of British Columbia Cross-Border Accidents
Persons injured in accidents often suffer different types of damages that can depend on their occupation, whether they are employed outside the home and whether they are the person in charge of performing household tasks at their home. In many cases, it is not only a person’s loss of earning capacity that drives the value … Continue reading Is Loss of Housekeeping Capacity Something that Injured Parties Can Be Compensated for in British Columbia?
For today’s internet savvy consumers, booking vacations, car rentals, and virtually all other associated items has become a matter of simply clicking and booking through the internet. Pictures of wonderful vacation rentals by owners and Airbnbs lure consumers into a convenient and attractive option for booking overnight stay needs. While Airbnbs appear to be the … Continue reading Airbnb and Premises Liability: What you Need to Know
Some of us are just not “complainers” by nature. That is to say, if certain people are involved in a car accident, they will not complain or “make a fuss” about their injuries or pain. Of course, they will still seek medical attention. But they just are not the type to complain about any ongoing … Continue reading Rickett v. Sangra: Burnaby Judge Awards $355,000 to Man Injured in 2015 Car Accident
There are over 2,000 pedestrian accidents in British Columbia each year. The pedestrian obviously feels the brunt of a collision, as he or she lacks any protection from the road or other elements. Even when the motor vehicle driver is clearly at fault for the accident, there may still be a dispute as to the … Continue reading Proving a Traumatic Brain Injury in a Pedestrian Accident Case
One of the risks in filing an ICBC claim is that the corporation may initially pay for damages to your vehicle following a car accident, only to turn around and demand repayment. This can happen when an ICBC adjuster decides your damages were unrelated to the accident in question, you exaggerated or falsified your claim, … Continue reading How is ICBC Repayment Handled?
One of the more common mistakes people make following a car accident is failing to contact the local police. B.C. law actually requires anyone involved in an accident to notify the police within 24 hours (or 48 hours in rural areas) if the estimated damages exceed $1,000. Even if you are unsure of the amount … Continue reading Do You Need to Get a Police Report After a Car Accident?
A motor vehicle accident can leave you with debilitating, long-term pain that makes it impossible for you to return to your previous job. For this reason, B.C. law permits damages for loss of an accident victim’s “future earning capacity.” Calculating this category of damages is often easier said than done. If the victim was regularly … Continue reading Proving Loss of Future Earning Capacity While in School
Calculating the exact amount of a car accident victim’s injuries is often not a simple task. For instance, how do you put a dollar amount on the long-term effects of depression, anxiety, and post-traumatic stress disorder, all of which may result from a serious accident? Even when discussing economic damages, such as the loss of … Continue reading Quantifying the Psychological and Career Damages Caused by a B.C. Auto Accident
There are some personal injury lawsuits arising from car accidents in which both sides offer extensive expert testimony to bolster their respective cases. In other cases, there is little evidence available to the court aside from the testimony of the parties themselves and any witnesses at the scene. In these situations, the trial judge is … Continue reading The Importance of Witness Credibility in B.C. Car Accident Cases
A hit-and-run car accident poses unique legal challenges for the injured parties. After all, who do you sue if you never saw the driver who hit you? Fortunately, B.C. law provides an answer in most cases–namely, that ICBC is responsible for any hit-and-run arising from the “use or operation of a vehicle on a highway … Continue reading When is a Highway Not a Highway?
Under the normal rules of the road, speeding and running a red light are the type of reckless acts that would make you liable for a car accident. There is a critical exception for emergency vehicles such as ambulances. Under B.C. law, the driver of an emergency vehicle may “exceed the speed limit” and “proceed … Continue reading Who is Responsible for an Ambulance Accident?
When you have been seriously injured in a car accident and are facing financial hardship, you may be hesitant to contact a lawyer about your case. But the fact of the matter is that attempting to serve as your own lawyer in a personal injury lawsuit, especially one where you are seeking a significant amount … Continue reading Do I Need a Lawyer for a Personal Injury Case in British Columbia?
Although pedestrian accidents are by definition a mismatch–a 1,500-kilogram car versus a human being–that does not mean the motorist is automatically liable for any injuries sustained by the pedestrian. As with any personal injury claim, a court must consider the relative fault of all parties involved. A judge may, in fact, decide that the pedestrian … Continue reading Is the Motorist Always Responsible for Pedestrian Accidents in B.C.?
When you are involved in a car accident, you know you need to file a claim with your insurance company, which for most B.C. residents is ICBC. If your vehicle was damaged in the accident due to another party’s negligence, an ICBC-approved repair centre will assess the cost of the repairs. By law, ICBC is … Continue reading When is ICBC Liable for an Unsatisfactory Repair Job?
Personal injury cases in B.C. usually involve accidents, such as a motor vehicle collision caused by someone driving recklessly or unsafely. There are also plenty of cases in which one party intentionally injures the other. Let us say a fight breaks out and one person seriously injures the other. The aggressor may be held liable … Continue reading B.C. Judge Awards Damages to Man Injured in Burnaby Starbucks Fight
It is a basic principle of B.C. law that an accident victim is entitled to recover the costs of past and future medical care related to his or her injuries. To give a simple example, if you are hit by a car and your doctor prescribes painkillers to help you manage the pain, the negligent … Continue reading Can a B.C. Accident Victim Claim the Cost of Medical Cannabis as Damages?
Truck accidents are not always the result of driver negligence. In many cases, the vehicle itself may have some sort of defect that causes a driver to lose control. Sometimes these defects are the result of shoddy maintenance by the truck’s owner. But the problem may also go all the way back to when the … Continue reading B.C. Court of Appeal Upholds $4.8 Million Volvo Personal Injury Award
This sounds like a plot from a television comedy series: A car accident victim sues the negligent driver for damages. The victim said he suffered terr
The effects of a car accident can play out over a period of several years. In many cases, a victim’s injuries will degrade his or her ability to earn
An auto accident can significantly harm your long-term employment prospects. Whether you are currently employed or looking for work when your accident
In the aftermath of a motor vehicle accident in British Columbia, the individuals involved inevitably confront a series of questions: Was anyone injur
When you are injured in a motor vehicle accident, your first thoughts go to seeking medical treatment. But shortly thereafter, you may realize that yo
A motor vehicle accident can leave you with permanent physical, mental, and emotional injuries. This can affect every aspect of your daily life going
When a person is injured in a motor vehicle accident in British Columbia, he or she may have as many as three types of ICBC claims. One of those is a
On average, 1,300 children younger than 10 are injured in a motor vehicle collision in British Columbia each year, according to ICBC—and five die as
Many, if not most, motor vehicle accidents are the result of simple carelessness. Drivers must always pay attention to traffic and other road conditio
Motor vehicle accidents remain far too common in British Columbia. According to the most recent data published by the Insurance Corporation of British
Distracted driving is a major cause of car accidents in B.C. In many respects, drivers distracted by their phones and other electronic devices pose an
When dealing with the legal aftermath of car accident, you cannot assume that a B.C. judge will conclude that your claimed injuries were the direct re
After a motor vehicle accident, our immediate focus tends to be on treating any physical injuries. But accidents are also a serious form of trauma, on
Not all car accident injuries heal with time. Many B.C. residents find themselves dealing with chronic pain for years following an accident. Chronic p
In any auto accident case, the defence may invoke two legal principles designed to shift blame away from their own negligence and towards the plaintif
A car accident lasts just a few seconds, but it can have a lifelong impact on your physical and mental health. In many cases, an accident will lead to
In many cases, a commercial truck accident is the fault of someone associated with the larger vehicle, such as the driver or owner of the tractor-trai
Dealing with the Insurance Corporation of British Columbia (ICBC) is never as easy as you might hope. Although the crown corporation is supposed to pa
In assessing damages following a car accident, a British Columbia judge will carefully scrutinize the victim’s pre-accident medical condition, includi
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehic
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehic
When fault is disputed following a car accident, it is always helpful if there are third-party witnesses around who can testify as to what happened. I
Each year, British Columbia’s compulsory auto insurer, ICBC, processes around 900,000 insurance claims. In 2016, the average settlement for minor in
Distracted driving is an issue making headlines throughout British Columbia in recent months as cell phone use while driving has become increasingly
Many British Columbia residents work for themselves. This can have significant advantages, but there is also one big disadvantage: if you are seriously.
The majority of personal injury cases involve the actions of adults. There are some situations, such as bicycle accidents, in which the negligent part
Any personal injury lawyer will tell you it is a bad idea to represent yourself in court. It is equally ill-advised to serve as your own doctor follow
A traumatic brain injury is often dismissed as nothing more than “getting knocked out for a few seconds.” Indeed, the popular tendency to describe
The effects of a car accident can stay with a victim for the rest of his or her life. Naturally, that includes
Last updated Aug. 31, 2018. For most British Columbians, being involved in an automobile accident is a thankfully rare occurrence. And being injured
Preszler Law Firm can be seen regularly on CTV Vancouver “Ask An Expert”. Our lawyers will provide answers to your legal concerns from motor vehicle
Last updated Aug. 31, 2018. In a slip and fall case, everyone has a job to do. Your job is to try and recover from your injuries and return to your
This time of year, we often see icy roads and sidewalks and as a homeowner, it is important to know what your responsibilities are to keep your proper
British Columbia law requires that every driver in the province carry auto insurance provided by the Insurance Corporation of British Columbia
Do you know your rights before signing a waiver? Seth Wheeldon from Preszler Law spoke with CTV News Vancouver about waivers, safety and liabilities.
Winter provides a great opportunity across Canada to enjoy skiing, snowboarding, ice skating, snowshoeing, snowmobiling, hockey, and other winter
Last updated Oct. 18, 2018. When is it a good idea for you to hire an ICBC lawyer to assist you with your ICBC claim? Maybe you were involved in a