Have you recently experienced a slip-and-fall accident on someone else’s property? Are you now facing resistance from the property owner who refuses to accept responsibility for your injuries? If so, you’re not alone.
In fact, according to the Public Health Agency of Canada, falls account for over 85 percent of injury-related hospitalizations among older Canadians, with the majority of slip and fall cases leading to additional health complications.
Facing denial from a property owner can feel frustrating, overwhelming, and confusing. But don’t worry — there are ways to address this challenge, secure the necessary evidence, and take steps to protect your rights. This article will help you prepare for such an instance.
Know Your Rights After a Slip-and-Fall Accident
When you suffer serious injuries from a slip-and-fall accident on someone else’s property, you may have the right to seek compensation. This is based on the legal concept of occupier’s liability, which is well-established in Alberta and across Canada.
Property owners have a duty of care to ensure their premises are reasonably safe for visitors. This includes:
- Regular maintenance of the property
- Prompt removal of hazards
- Adequate warning signs for unavoidable dangers
Why Do Property Owners Deny Responsibility?
Paying out personal injury claims can be expensive. Property owners would rather avoid paying such a heavy sum to an injured person when they can help it.
The property owners may deny responsibility when slip-and-fall accidents occur and make claims such as:
- The hazard was obvious
- You weren’t paying attention
- You were trespassing
- The owner was unaware of the dangerous condition
Don’t let these denials discourage you. Your right to compensation doesn’t vanish just because the property owner says it does.
Common Tactics Used by Property Owners to Deny Responsibility
Understanding the strategies property owners might use can help you prepare a stronger slip and fall claim. Let’s expand on the excuses property owners may make to deny your fall claim.
1. Claiming a lack of knowledge
Property owners might argue that they weren’t aware of the hazardous condition. Nonetheless, they have a duty to inspect and maintain their property regularly. Denial does not absolve them of their legal obligations.
An experienced slip and fall lawyer can help you determine how long the slip and fall hazard existed and whether reasonable inspections would have revealed the danger.
2. Blaming the victim
As shameless as it is, blaming the victim is a common practice. The property owner might claim your own negligence caused the accident.
He or she could argue:
- You weren’t paying attention
- You were wearing inappropriate footwear, or;
- You ignored warning signs
It’s vital to document the scene carefully to prove that none of the above was true in your case. Photos showing a lack of warning signs or the condition of your footwear can help you counter these claims.
3. Disputing the severity of injuries
Some property owners try to minimize the extent of your injuries. They may even claim that you’re faking or that your injuries are from a previous incident. This is why thorough medical documentation is crucial.
Keep all records of the following:
- Medical bills
- Medical visits and treatments
- Prescription medications
- Physical therapy sessions
- Any impact on your daily life or work
4. Claiming the hazard was “open and obvious”
Property owners might argue that the danger was so apparent that you should have noticed and avoided it. However, many factors can affect whether a hazard is obvious.
The hazard could have been hard to see because of:
- Poor lighting conditions
- Distractions in the environment
- Something partially blocking or hiding the hazard
An experienced slip and fall lawyer can help gather evidence for the fall case and show that the danger wasn’t as obvious as the property owner claims.
When to Consider Legal Action
If the property owner (or that party’s insurance company) continues to deny responsibility despite your evidence, it may be time to consider filing a lawsuit. This step can:
- Show you’re serious about pursuing your personal injury claim
- Potentially motivate the other party to negotiate
- Preserve your right to compensation before the limitations period expires
Remember, filing a personal injury lawsuit doesn’t mean your slip and fall claim will necessarily go to trial. Many slip and fall injury claims are settled during the litigation process.
When property owners withhold footage
If the property owner claims that the surveillance footage doesn’t exist or refuses to share it. Your slip and fall lawyer can send a preservation letter demanding the entity keep the footage they have recorded.
Legal action might be necessary to obtain the recordings. The court may view the destruction or withholding of evidence unfavourably, which can work in your favour.
Don’t assume footage will hurt your slip and fall claim. Even if you made a minor mistake, the video might show the property owner’s negligence was the primary cause of your fall.
When property owners use weather as an excuse
Property owners in Canada might argue that adverse weather conditions, such as snow, ice, or rain, contributed to your slip and fall injury. They may claim that they had no obligation to address the hazardous conditions due to the harsh changing weather.
If a property owner denies responsibility or fails to take reasonable steps to address known hazards, this can be grounds for legal action. It’s crucial to document weather conditions at the time of the accident and gather evidence to counter the private property owner’s claims.
When property owners have a history of similar incidents
If there is a documented history of slip-and-fall accidents occurring on the property due to similar hazards, it can be a strong indicator of negligence. Obtaining records of previous claims or complaints can help establish that the owner failed to take necessary precautions. This evidence can strengthen your case and show a pattern of negligence that warrants legal action.
Building a Strong Case Despite Denial of Responsibility
When faced with a property owner’s denial, focus on building a strong slip and fall case. An experienced slip and fall lawyer can help you get enough proof to prove negligence and get maximum compensation for your injuries.
1. Establish duty of care
In Canadian law, duty of care refers to the legal obligation of individuals and organizations to ensure the safety and well-being of others by acting with reasonable care to prevent foreseeable harm.
In a slip and fall lawsuit, you have to prove that the property owner or manager – whoever the at-fault party is – had the duty of care.
This usually depends on your status on the property:
- Invitee (e.g., customer in a store)
- Licensee (e.g., social guest in a home)
- Trespasser (owed minimal duty of care)
2. Demonstrate breach of duty
Breach of duty occurs when an individual or organization fails to meet the standard of care required by law, leading to negligence that results in harm to another person. You need to show how the property owner failed in his or her duty.
A breach of duty might involve:
- Proving inadequate maintenance
- Showing a lack of warning signs
- Demonstrating failure to address known hazards
3. Prove causation
Causation is the legal concept that shows a direct link between a person’s negligent actions and the injuries suffered by another, proving that the injury happened because of those actions.
Proving that the dangerous conditions caused your personal injury may require the following evidence:
- Expert testimony
- Medical evidence
- Accident reconstruction
4. Document damages
The most important task in any personal injury case is to document all economic and non-economic damages.
Provide clear evidence of your losses, including:
- Medical expenses
- Lost wages or earning potential
- Pain and suffering
- Future medical needs or lost earning capacity
What Should I Do After a Slip-and-Fall Accident?
After a slip-and-fall accident, knowing the steps to take can significantly impact your ability to secure compensation for your injuries.
1. Seek medical attention
Your health should be your top priority. Even if you feel fine initially, some injuries may not be immediately apparent.
Make sure to:
- Visit a doctor or hospital promptly
- Follow all medical advice and treatment plans
- Keep a journal of your symptoms and recovery process
Proper medical care and documentation not only ensure your well-being but also provide crucial evidence for your case.
2. Report the slip-and-fall incident
Make sure there’s an official record of your accident:
- For businesses: Report the incident to management and ask for a written incident report
- For municipal property: Contact the relevant city department to file a report
- For private residences: Inform the homeowner or property manager in writing
Always request a copy of any reports filed. These official records can be valuable if your case goes to court.
3. Be cautious in your communications
After an accident, you might be tempted to apologize or downplay your injuries.
At all costs, avoid the following common mistakes:
- Admitting fault or making statements that could be interpreted as taking the blame
- Being careless in what you say to the property owner or insurance company
- Posting about the accident on social media
Remember, anything you say or write can potentially be used against you later.
4. Contributory negligence
Throughout Canada, the concept of contributory negligence applies to personal injury cases. Under this rule, if you’re found partially at fault, your compensation may be reduced.
At the same time, being partially at fault doesn’t eliminate your right to compensation entirely. For example, if you are found responsible for 25 percent of your slip-and-fall accident, you might still receive 75 percent of the assessed damages.
5. Know the limitations period
In Alberta, you generally have 2 years from the date of the fall accident to file a lawsuit. This is known as the limitations period.
Don’t wait until the last minute to take action. Gathering evidence and building a strong case takes time. Letting the limitations period expire could mean losing your right to seek legal compensation altogether.
6. Consider alternative dispute resolution
The two most common forms of alternative dispute resolution in a personal injury claim in Canada are mediation and judicial settlement conferences.
The mediation process involves a neutral third party who helps both you and the property owner discuss the dispute and explore possible solutions. The mediator facilitates communication and negotiation but does not impose a decision.
With a Judicial Settlement Conference (JSC), a judge helps the parties reach a settlement before going to trial. The judge reviews the case details and offers insights on its strengths and weaknesses, which can encourage both sides to settle.
These methods can often lead to quicker resolutions and lower costs compared to traditional court proceedings.
7. Consult a slip and fall lawyer
When facing a denial of responsibility from a property owner, seeking legal advice is crucial.
A knowledgeable slip and fall lawyer can:
- Evaluate the strength of your case
- Help you gather and preserve essential evidence
- Handle communications with the property owner and insurance company
- Negotiate on your behalf for a fair settlement
- Represent you in court if necessary
Many slip and fall lawyers offer free initial consultations, allowing you to understand your legal options without financial commitment.
Get the Support You Need From Grover Law Firm
Facing denial from a property owner after a slip-and-fall accident can be disheartening, but it doesn’t have to be the end of the road. With the right approach and legal guidance from the Grover Law Firm, you can overcome this challenge and seek the compensation you deserve.
Our experienced slip and fall lawyers are here to evaluate your case. Our personal injury lawyers guide you through the legal process and fight for your rights. Contact Grover Law Firm today to schedule a free case review. Your path to fair compensation starts here.