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Practice Area 1 - Insurance Defence
Wingenbach Law specializes in Casualty Liability Claims. Common types of casualty liability claims in B.C. include: Occupiers’ Liability, Product Liability, General Commercial Liability
Occupiers’ Liability
We represent insured property owners, tenants, occupiers, contractors, and businesses facing claims under Occupiers liability principles.
Slip & Fall Claims
Wet floors, spills, snow or ice, and weather-related surface conditions.
Trip & Fall Hazards
Uneven flooring, raised thresholds, loose mats, cords, or cracked walkways.
Poor Lighting
Alleged inadequate lighting in stairwells, parking garages, hallways, or exterior areas.
Stairs & Handrails
Missing, loose, or allegedly non-compliant handrails and stairway conditions.
Falling Objects
Merchandise, fixtures, ceiling materials, or unsecured items falling onto patrons.
Parking Lots & Exterior Areas
Potholes, ice buildup, pooling water, uneven pavement, or exterior surface defects.
Doors & Entrances
Automatic door malfunctions, heavy doors, entryway hazards, or misplaced mats.
Commercial & Multi-Unit Properties
Claims arising in lobbies, hallways, elevators, or common areas of multi-unit buildings.
Property Damage
Property damage claims typically involve allegations of physical damage to real or personal property caused by negligence, accident, or failure to maintain.
Water damage
- Flooding
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Roof leaks
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Drainage Failures
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Burst or Leaking Pipes
Fire & Smoke Damage
- Structural damage from fires
- Smoke damage to buildings or contents
- Fire spread allegations between units or properties
- Claims involving alarms or suppression systems
Structural Damage
- Cracks in foundations or walls
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Building movement or settlement
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Damage caused by adjacent construction
Construction & Renovation Damage
- Negligent workmanship
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Property damage caused by contractors or trades
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Damage to neighboring properties during construction
Impact & Collision Damage
- Vehicle impacts with buildings, fences, or fixtures
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Equipment collisions with structures
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Falling trees or debris causing property damage
Weather related damage
- Windstorm damage
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Hail or Ice damage
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Snow load damage
Product Liability
Product liability claims typically involve allegations that a product caused injury or property damage due to a defect or failure to warn. Common examples include:
Manufacturing Defects
Defects arising during the manufacturing process, including contaminated or improperly assembled products, or products deviating from intended specifications.
Design Defects
Products alleged to be inherently unsafe by design, including failure to incorporate reasonable safety features or where safer alternative designs were available.
Failure to Warn / Inadequate Instructions
Missing or inadequate warning labels, insufficient instructions for safe use, or failure to warn of known or foreseeable risks.
Medical & Health-Related Products
Medical devices allegedly malfunctioning, defective surgical instruments or implants, and claims involving industrial or commercial equipment.
Consumer Product Injuries
Household appliances causing burns or electrical shock, and power tools or equipment malfunctioning during normal use.
Automotive & Equipment Defects
Alleged defects in vehicle components and claims involving industrial or commercial equipment.
Subrogation Claims
Subrogation claims arise where an insurer seeks to recover amounts paid to its insured from a responsible third party. Common examples include:
Water Loss & Plumbing Failures
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Burst or leaking pipes caused by negligent installation.
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Appliance hose failures (dishwashers, washing machines).
Fire Losses
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Fires caused by defective appliances or electrical components.
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Improper installation of heating systems or fireplaces.
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Contractor negligence during renovation or repair.
Construction & Renovation Defects
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Property damage caused by negligent construction practices.
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Failure to follow plans, specifications, or building codes.
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Damage to neighbouring properties during construction.
Product & Equipment Failures
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Defective appliances causing property damage or fire.
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Mechanical failures in industrial or commercial equipment.
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Damage caused during structural or repair work.
Contractor & Trades Negligence
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Electricians, plumbers, or HVAC contractors causing loss.
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Defective components, workmanship, or servicing failures.
Vehicle & Equipment Impact Losses
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Vehicles striking buildings, fences, or fixtures.
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Heavy equipment damaging structures or causing repair damage.
Practice Area 2 – General Civil Litigation
Wingenbach Law handles a range of civil litigation matters with a practical, resolution-focused approach. We work with insurers, businesses, and organizations to assess risk early, manage disputes efficiently, and pursue outcomes aligned with cost control and strategic objectives.
Contract Disputes
Resolving disputes involving contractual interpretation, performance, and enforcement.
Property & Construction Disputes
Handling claims arising from construction projects, property damage, and contractual obligations.
Debt Recovery & Enforcement
Pursuing efficient recovery and enforcement strategies to minimize delay and cost.
Mediation & Alternative Dispute Resolution
Representing clients in mediation and other ADR processes to achieve timely resolution.