Is a Store Liable for a Customer Injury in Nova Scotia?

January 31, 2026

In Nova Scotia, a store can be held liable for a customer injury if the accident occurred because reasonable steps were not taken to keep the premises safe. Liability depends on the facts.

What caused the fall, how long the hazard existed, and whether the property owner responded appropriately all matter. There is no automatic fault, but there is accountability under the law.

Store injury cases are often complex and nuanced. Some hazards are immediately clear, while others develop gradually or go unnoticed until someone gets hurt. Because of this, courts pay careful attention to factors like timing, maintenance routines, and whether the store had a fair chance to fix the issue. Essentially, liability isn’t determined by hindsight, but by what was reasonable before the injury happened.

Understanding Store Liability in Nova Scotia

Store liability in Nova Scotia is rooted in both common law principles and provincial legislation. When someone enters a store, whether it is a grocery aisle or a retail entrance, the property owner assumes certain responsibilities.

Those responsibilities do not guarantee safety, but they do require care. When someone is hurt, the legal question is whether the care was reasonable in the circumstances. This applies to store owners, landlords, and others in physical possession of a space.

In practice, this means stores are expected to monitor their premises actively. Regular inspections, prompt cleanup, and clear warning signage all matter. At the same time, the law recognizes that accidents can happen even when precautions are in place. That balance is why each claim turns on its own facts rather than assumptions about fault.

What Is Premises Liability?

Premises liability refers to legal responsibility for injuries caused on someone’s property. In Nova Scotia, occupier’s liability acts require property owners and occupiers to take reasonable steps to protect visitors from foreseeable harm. This includes private property, public property, private homes, and commercial spaces. The duty depends on why the injured party was on the property and the risks present.

Importantly, premises liability is not limited to obvious hazards. Foreseeable risks include conditions that may worsen over time, such as tracked-in moisture, worn flooring, or poor lighting. As a result, the duty to keep visitors reasonably safe is ongoing, not a one-time obligation fulfilled at opening hours.

Examples of Store Liability and Common Fall Accidents

Many claims involve a slip and fall accident. Others do not. A slip-and-fall can occur on a wet floor, an icy entrance, or an uneven surface. Shelving failures, falling displays, or unsafe stairways can also cause serious harm.

In some cases, injuries are linked to defective product displays or malfunctioning equipment. A power tool sold or demonstrated in-store can even trigger product liability law issues when a defective product causes injury. Not every fall becomes a slip and fall claim. Liability depends on the cause of the incident.

Legal Requirements for a Customer Injury Claim

To succeed in a personal injury claim, several legal elements must be proven. This is where many fall claims succeed or fail. Evidence fades. Memories shift. Surveillance footage disappears faster than most people expect. Proving liability requires structure, not assumptions.

Duty of Care

A store owes customers a legal duty to take reasonable steps to keep the premises safe. That duty exists because customers are lawfully on someone else’s property. It does not require perfection. It does require consistency, inspection, and response when hazards appear.

Breach of Duty

A breach occurs when the store fails to meet that legal duty. Ignoring spills, failing to salt entrances, or leaving hazards unmarked can all point to property owner negligence. The question is not whether an accident happened, but whether it should have been prevented.

Causation and Damages

The injured person must show that the breach caused the injuries suffered. This includes linking the accident scene to the harm. Back injuries, spinal cord injuries, and other severe injuries often require detailed medical treatment and expert analysis. If causation is not established, even serious injuries may not lead to compensation.

Medical Records

Medical records help establish what injuries were caused by the incident and when symptoms began. They connect the incident report to the injuries caused. Gaps in treatment can create doubt, even when the injured party is acting in good faith.

Medical Expenses

Medical expenses include medical bills, rehabilitation, medications, and future medical costs. These are often the foundation of a claim. In severe cases, medical costs extend well beyond the initial recovery period.

Steps to Take After a Store Injury in Nova Scotia

What you do after an incident occurs can shape the outcome of a fall claim. Some steps feel obvious. Others are often overlooked.

Medical Attention

Always seek medical attention. Even when pain feels manageable, injuries can worsen. Seeking medical attention creates a record and protects your health. It also documents injuries and treatment advice before doubt has time to creep in.

Gather Evidence

Evidence disappears quickly. Take photos of the accident scene. Request an accident report or incident report from the store. Collect witness statements when possible. Note the time, location, and conditions. These details fade fast, especially when dealing with an insurance company.

Common Defences Used by Stores in the Event of a Customer Injury

Stores often argue that reasonable steps were taken. Others claim the injured person was not paying attention. Some rely on inspection logs. Others argue the hazard appeared moments before the incident occurred.

Comparative fault may reduce damages, but it does not automatically remove liability. Each defence depends on facts, not assumptions.

Seek Legal Representation of a Premises Liability Lawyer in Nova Scotia

Store injury cases are rarely simple. A personal injury lawyer helps identify the liable party, whether that is the store, the property owner, or another entity in control of the space. In some cases, product liability claims arise alongside premises claims, particularly when injuries are linked to a defective product.

A personal injury law firm with an experienced lawyer understands how to pursue compensation, prove negligence, and protect your legal right to recover compensation. Many firms offer a free case review or no obligation consultation and work on a contingency fee basis.

When Store Injuries Become More Than a Simple Fall

Some incidents involve serious injuries, lost income, and lasting consequences. Lost wages, lost income, and reduced earning capacity may be part of the claim. Severe injuries can affect every part of life, not just physical health.

In rare cases, product liability law intersects with premises claims. A product liability lawyer may become involved when injuries result from unsafe products sold or demonstrated in a store.

Understanding Your Legal Options

Not every injured party needs to pursue compensation. But when someone’s negligence causes serious harm, the law provides a path forward. Whether the liable party is a store owner, landlord, or manufacturer, proving negligence takes time, evidence, and experience.

An experienced lawyer can explain whether you may be entitled to maximum compensation and how to move forward without upfront risk.

Frequently Asked Questions

Can a store refuse liability if I wasn’t paying attention?

A store cannot automatically avoid responsibility because a customer was distracted. The focus is on whether reasonable steps were taken and whether someone’s negligence contributed to the injuries. Fault can be shared.

Does it matter if the injury happened outside the store?

Yes and no. Injuries on public property, private property, or just outside a store entrance can still lead to liability. Control over the area and maintenance responsibilities matter more than location alone.

How long do I have to file a claim in Nova Scotia?

Strict limitation periods apply. Waiting too long can eliminate your legal options entirely. Speaking with a Halifax personal injury lawyer early helps preserve evidence and protect your claim.

Are minors treated differently in liability claims?

Yes. Claims involving minors follow different limitation rules. Courts recognize that injured parties who are children need added protection under the law.