Have you recently experienced a slip-and-fall accident in one of Calgary’s public spaces? You might be entitled to compensation, and understanding municipal liability is crucial in pursuing your claim.
This guide will help you navigate the legal landscape, empowering you to take the necessary steps toward securing the compensation you deserve. Don’t let a slip-and-fall accident disrupt your life – learn your rights and take action today.
Who Is Liable for Slip-and-Fall Accidents in Public Spaces?
Winter in Calgary brings a picturesque snowy landscape, but it also poses significant risks, particularly for slip-and-fall accidents on public municipality property.
Slip-and-fall accidents are not just minor incidents; they can result in serious injuries, including fractures, head trauma, and soft-tissue damage. These injuries can have long-lasting effects on your daily life and well-being.
When slip-and-fall accidents occur on municipal property, they fall under the category of premises liability. This means that the municipality, as the property owner, may be held accountable for failing to maintain safe conditions.
How Slip-and-Fall Accidents Happen on Public Property
Municipalities have a duty of care, or responsibility, to maintain safe public spaces, but they can face challenges in effectively managing these duties and delays in response can increase risks.
“Duty of care” refers to the legal obligation that property owners, including municipalities, have to maintain their premises in a safe condition. If a municipality fails in this duty and someone is injured as a result, the municipality may be held liable for the injuries sustained.
Before we explore how to pursue a claim against a municipality for your accident, let’s discuss why such accidents happen and what duty of care a municipality owes you. Regardless of the reason, when a government entity fails in its duty and you become injured, you deserve compensation.
Icy sidewalks and public pathways
One of the primary causes of slip-and-fall accidents on public property during winter is icy sidewalks and pathways. When temperatures drop, any moisture on these surfaces can quickly freeze, creating hazardous conditions.
Municipalities are responsible for treating these surfaces, but delays or inadequate treatment can leave sidewalks dangerous.
Snow accumulation and inadequate removal
Heavy snowfall is a common occurrence in Calgary, and when municipalities do not manage snow removal effectively, risks emerge. Unshovelled or poorly managed snow on public sidewalks can cause slippery surfaces.
Large snow piles can obstruct walkways, creating tripping hazards or making pathways narrower. And snow that turns into slush due to foot traffic can refreeze, becoming icy and dangerous.
Potholes and uneven pavement
Public properties often suffer from potholes and uneven pavement, which can become particularly hazardous during the winter months.
Freeze-thaw cycles can deepen potholes, making them more dangerous for pedestrians. Cracks filled with snow and ice can be difficult to see and navigate.
Shifts in the ground level due to frost can also create unexpected trip hazards.
Poorly maintained public facilities
Public facilities, such as parks, libraries, and transit stations, can become dangerous if they are not maintained properly during the winter.
Ice on railings can make them difficult to grip, and snow tracked indoors can create wet and slippery floors in public buildings. Additionally, failing to apply appropriate anti-slip treatments to stairs can increase the risk of falls.
Insufficient lighting on public property
Winter days are shorter, and insufficient lighting can make it difficult for pedestrians to spot potential hazards on public property. Poor lighting can obscure ice patches or uneven surfaces, increasing the risk of slips and falls.
Inadequate reflective markings on walkways or stairways can make hazards less visible. Additionally, snow or ice accumulation on outdoor lighting fixtures can further reduce visibility.
The Challenges of Pursuing a Premises Liability Claim Against a Municipality
Pursuing a premises liability claim against a municipality in Calgary for a slip-and-fall accident presents significant benefits and challenges. Government entities have specific legal protections and stringent requirements in place that can make seeking compensation difficult.
When pursuing a claim, victims must navigate a complex legal landscape that includes notice requirements, evidence standards, and limited windows for filing claims. These factors make it challenging to hold municipalities accountable for slip-and-fall accidents.
Understanding how the following laws interact is crucial for victims seeking justice:
- The Limitations Act
- The Municipal Government Act
- The Occupiers’ Liability Act
The Limitations Act
The Limitations Act sets the maximum time period within which a legal claim must be initiated. In Alberta, the general time limit for personal injury claims, including slip-and-fall accidents, is 2 years from the date of the incident.
That means that victims only have 2 years to file a lawsuit if they want compensation for their injuries. Failing to file within this period will likely result in the claim being barred, preventing the victim from pursuing legal action.
There are a few exceptions to the standard 2-year period, particularly for claims involving municipalities or specific types of claims. A personal injury lawyer can help you understand the filing deadlines relevant to your case.
While the Limitations Act sets the overall time frame for filing personal injury claims, the Municipal Government Act (MGA) introduces additional considerations and requirements when pursuing a claim against a municipality in Calgary.
The Municipal Government Act
In Calgary, the Municipal Government Act outlines the responsibilities of municipalities to maintain safe conditions on sidewalks, streets, and other public areas.
Municipal responsibilities may include:
- Clearing snow and ice from sidewalks and pathways
- Repairing uneven surfaces and potholes
- Posting warning signs for known hazards
- Conducting regular maintenance checks
While the MGA mandates municipalities to maintain safe conditions, it also sets stringent requirements for victims seeking compensation. Victims must provide written notice of their claim within 10 days of the accident. This is a tight deadline that can be difficult to meet, especially when dealing with serious injuries.
Additionally, the MGA specifies that municipalities are only liable for dangers they knew about or should have known about – or instances of gross negligence. Even if your slip-and-fall happened on an icy or snowy public road, if it can be proven that reasonable steps were taken to avoid hazardous conditions, you cannot pursue a claim. Victims must, therefore, gather substantial evidence of extreme deviation from reasonable maintenance practices.
Injured individuals must notify the municipality of the slip-and-fall accident within 21 days if it happened on a snowy road and within 30 days if it occurred on a road or sidewalk in disrepair. Of course, there are different regulations for other types of slip-and-fall accidents on public property.
The Occupiers’ Liability Act
What if you were injured on a privately owned property that is directly adjacent to a municipal property? For example, an accident could happen on a private lot that is next to a municipal parking lot, with no barriers dividing the two.
The city has no obligation to maintain property adjacent to its own, notify visitors of the potential danger, or address nearby hazards. Still, you would not be without legal recourse.
Under the Occupiers’ Liability Act, you may be able to seek compensation from a private owner for your slip and fall injuries. This act governs the responsibilities of property owners, to ensure their premises are safe for visitors.
Property owners should prioritize the following to keep their premises safe:
- Regular inspections: Property owners, including municipalities, should perform routine inspections of public spaces to detect and identify potential hazards. This includes checking sidewalks, pathways, and other areas for issues such as cracks, ice patches, and debris. Inspections should be conducted at regular intervals, especially during high-risk periods like winter, and the findings should be documented comprehensively.
- Prompt hazard addressing: Once a hazard is identified, it is essential for property owners to act swiftly to rectify the dangerous condition. This means repairing damaged surfaces, removing ice, or addressing any other issues that could pose a risk to visitors. Delays in addressing these hazards can lead to serious accidents and increase liability.
- Adequate warning signs: Clear and visible warning signs should be posted in areas where known risks are present. These signs should be strategically placed to ensure that they are easily seen by all visitors, particularly in hazardous conditions like icy sidewalks or uneven pavements. The signs should be durable and legible to effectively alert pedestrians to potential dangers.
- Visitor safety: Property owners must take all reasonable and practical steps to ensure the safety of visitors. This involves not only addressing immediate hazards but also implementing preventive measures such as salting or sanding pathways, repairing potholes, and ensuring that public spaces are well-lit. Efforts should be made to create a safe environment that reduces the likelihood of accidents.
Proving Gross Negligence: What You Need to Know
Municipalities in Calgary, like those elsewhere in Alberta, enjoy certain legal protections that can make it difficult for injured parties to hold them accountable. Understanding gross negligence is essential for anyone considering legal action against a municipality.
What is gross negligence?
While ordinary negligence requires proving that a reasonable person would have acted differently, gross negligence refers to actions or inactions that significantly deviate from what a reasonable person would do, indicating a blatant disregard for the safety of others.
Proving gross negligence requires clear evidence that the municipality’s actions or inactions were significantly below acceptable standards.
For example, to prove gross negligence, you may need to show:
- Clear deviation from reasonable maintenance practices
- Evidence that the municipality knew about the hazard and failed to act
- Witness statements about the hazardous condition
- Expert testimony supporting the claim of gross negligence
Demonstrating a pattern of neglect or repeated failures to address similar issues in the past can strengthen the case that the municipality’s deviation was not a one-time oversight but rather a serious lapse in duty.
Proving negligence is challenging
Gathering the necessary evidence to prove gross negligence can be a daunting task.
The following evidence may prove that the municipality was aware of the danger yet failed to take appropriate action to mitigate it:
- Inspection reports: Records of inspections or maintenance reports that identify the hazardous condition can serve as evidence that the municipality was aware of the issue
- Internal communications: Emails, memos, or other forms of communication within the municipality that discuss the known hazard and the decision not to act can be useful for proving your case
- Previous complaints: If residents or other individuals reported the hazard to the municipality and no action was taken, this could demonstrate that the municipality was aware of the problem but failed to act on it
- Previous incidents: Information about other accidents or injuries that occurred due to the same hazard can strengthen the claim that the municipality should have been aware of the risk
Expert testimony can also provide an objective analysis of the hazardous condition and the municipality’s failure to act.
Potential experts may include:
- Safety and maintenance experts: Professionals with expertise in safety and maintenance practices can testify whether the municipality’s actions or inactions deviated significantly from accepted standards
- Accident reconstruction specialists: These experts can reconstruct the accident scene to show how the hazardous condition contributed to the slip-and-fall incident
- Medical experts: In cases involving severe injuries, medical experts can provide testimony about the nature and extent of the injuries, linking them to the hazardous condition and the municipality’s failure to address it
If the municipality was aware of a particular hazard — such as a broken sidewalk, severe pothole, or icy walkway — but failed to address it promptly, this can indicate a deviation from reasonable maintenance.
Evidence of what constitutes standard maintenance practices for similar conditions in other municipalities or jurisdictions can be used to show that the municipality’s actions fell short of what is acceptable.
Seek an Experienced Firm for Your Municipal Liability Case
Navigating the complexities of slip-and-fall accidents in Calgary’s public spaces requires a thorough understanding of municipal liability and the legal process. Yet, with the right legal team, injury victims can pursue a slip and fall claim and pursue the compensation they need.
You deserve justice and peace of mind. If you or a loved one has suffered a slip-and-fall accident on municipal property, our compassionate and experienced legal team is here to help.
We can provide the legal advice and representation you need to pursue justice and fair compensation. After all, your well-being is our priority, and we are here to support you through this journey. Contact the personal injury lawyers of Grover Law Firm today to schedule a free consultation.