Compensation for Slip and Fall Injuries

If you’ve suffered broken bones, a concussion, back injuries, or strains and sprains from a slip and fall in Alberta, understanding the legal aspects related to compensation for your injuries can help you navigate your options. Here’s a concise guide to assist you:

Understanding Who Might Be Liable for a Slip and Fall Injury

Liability can extend to various parties, including:

  • Property owners: Responsible for maintaining safe conditions on their premises.
  • Occupiers: Individuals or entities in control of a property, such as tenants or property managers.
  • Municipalities: May be liable for accidents on public property, like sidewalks or parks, under certain conditions.

What Is Occupier’s Liability?

Under Alberta’s Occupiers’ Liability Act, occupiers owe a duty to ensure that visitors are reasonably safe while on their premises. This includes:

  • Regular maintenance to prevent hazards.
  • Promptly addressing known dangers like snow and ice build up or water leaks.
  • Providing adequate warnings about potential risks through proper lighting or visible signage, for example.

Failure to meet these obligations can result in liability for injuries sustained on the property.

Can a Municipality Be Liable for a Slip and Fall Injury?

Municipalities can be held liable for injuries on city property if:

  • They fail to maintain public spaces (e.g., sidewalks, parks) in a safe condition.
  • They neglect to address hazards within a reasonable time frame.

However, municipalities often have specific defenses and shorter limitation periods for claims, making prompt action essential if you are injured on city property.

Standard of Care Applied to Municipalities

Municipalities are expected to maintain public areas to a standard that ensures reasonable safety for users. This includes:

  • Regular inspections.
  • Timely repairs of known issues.
  • Implementing safety measures during adverse weather conditions.

The standard of care considers factors like available resources and the practicality of addressing certain hazards.

Limitation Periods That Apply to Municipalities

Claims against municipalities also often have shorter limitation periods than other personal injury claims.

In Alberta, you may be required to provide the municipality with written notice of your claim within a specified period, sometimes as short as 7 to 21 days after the incident.

Failing to meet these deadlines can bar you from pursuing compensation, so it’s crucial to act swiftly.

“Special Circumstances” and Third-Party Liability

In some cases, third parties, such as contractors or tenants, may be liable if their actions contributed to the hazardous condition that results in an injury.

For example, if a tenant’s improper disposal of water leads to icy conditions on a sidewalk, they may share liability for any resulting injuries.

Injuries from Slip and Falls on Business Premises

Businesses have a heightened duty to ensure the safety of their premises for customers and visitors.

This includes:

  • Regularly inspecting the property for hazards.
  • Promptly addressing any dangerous conditions.
  • Providing clear warnings about potential risks.

Failure to uphold this duty can result in liability for slip and fall injuries occurring on business premises.

There may also be issues with identifying “who” to sue if the property where an accident occurs is a business premises.

Slip and Falls in Residential Areas

Homeowners and tenants must maintain their properties to prevent hazards that could cause injuries to visitors or the public.

This includes:

  • Clearing snow and ice from walkways.
  • Repairing uneven surfaces.
  • Ensuring adequate lighting in common areas.

Negligence in these duties can lead to liability for accidents occurring in residential areas.

While homeowners are required to clear the snow from municipal sidewalks adjacent to their residence, homeowners generally won’t be liable for injuries suffered as a result of a slip and fall on these sidewalks. Individual homeowners will only be liable for slip and falls incidents on public sidewalks in exceptional circumstances and where a hazard has been created, such as allowing runoff from the property, which then pools and freezes on a public sidewalk. More information on this topic can be found here: Can you recover damages for a slip and fall on an icy sidewalk. If you are unsure whether you may have a claim against a municipality or homeowner, CAM LLP can assist.

Contributory Negligence and the Duty to Take Care for Your Own Safety

In Alberta, individuals are expected to take reasonable care for their own safety.

If you’re found to be partly responsible for your injuries (e.g., by wearing inappropriate footwear or ignoring obvious hazards), your compensation may be reduced proportionally.

This concept is known as contributory negligence.

What Do You Have to Prove to Succeed on a Slip and Fall Claim?

To succeed in a slip and fall claim, you must demonstrate that:

  • A hazardous condition existed on the property (e.g., icy sidewalk, wet floor).
  • The property owner or occupier was negligent in addressing or warning about the hazard.
  • You sustained injuries directly resulting from the hazardous condition.
  • You exercised reasonable care for your own safety.

Gathering evidence, such as photographs of the hazard, witness statements, and medical records, is crucial to support your claim.

What to Do If You Have Been Injured in a Slip and Fall

If you’ve been injured in a slip and fall:

  • Seek medical attention immediately to assess and document your injuries.
  • Report the incident to the property owner, manager, or relevant authority.
  • Document the scene: Take photographs of the hazard, your injuries, and gather contact information of any witnesses.
  • Preserve evidence: Keep the clothing and footwear you were wearing at the time.
  • Consult a personal injury lawyer to understand your rights and the next steps.

Why Working with a Personal Injury Lawyer in a Slip and Fall Case Is Helpful

A personal injury lawyer can:

  • Assess the facts that lead to your injury and identify the party or parties who may be liable to compensate you.
  • Help gather evidence to establish the hazard that caused your injuries, the nature and extent of your injuries and quantum (amount) of damages you may be able to claim.
  • Take on providing appropriate notice to defendants to ensure you don’t miss any crucial limitation periods and ensure your lawsuit is filled in a timely manner.
  • Evaluate offers to settle and represent you in settlement negotiations where an insurance company may be involved. This provides assurance that you are receiving fair and reasonable compensation for your injuries.
  • Finally, if the matter can’t be settled and you have to head to court, having experienced trial counsel in your corner is in your best interest.

How CAM LLP, Injury Lawyers can Help

CAM LLP offers over 60 years of expertise dealing with personal injury claims and helping Albertans obtain fair compensation. We are skilled negotiators and our team has the court room experience necessary to put your best case forward should that be necessary.

Questions about a slip and fall claim? We are here to help. Contact us for a free, no obligation, consultation. We’ll tell you what we think and we’ll help you if we can.