Premises liability, whether you know it by its name or not, might be especially on your mind this time of year when you either are a property owner or have had a bad fall on someone else’s land. Alberta winters can be harsh, and pavement walkways and indoor floors can easily wind up more slippery than usual. Not to mention that we see less sun during these dark months, which makes visibility a significant issue.
If you have had a recent mishap at a place of business, on a sidewalk, or even at a friend’s house, speak to your trusted local premises liability lawyers about the personal injury you have suffered. We are here to help victims seek financial reparation for the harm and losses caused them.
Grover Law Firm has years of experience in holding property owners and occupiers responsible for maintaining the land and buildings under their control. We want to keep Alberta safe – and personal injury victims content – by making it clear how premises liability works in our province and how a slip and fall lawyer can help you.
How Premises Liability Keeps You Safe
Under the law, premises liability holds the property owner or another user of the land, such as an “occupier,” to a high standard of maintaining safe conditions for all property visitors.
It’s only right to reasonably expect that a place of business, street you walk on, or building you enter be free from hazards that can harm you. Thus, Alberta’s Occupiers’ Liability Act (OLA) requires the occupier to ensure “that the visitor will be reasonably safe in using the premises for the purposes for which the visitor is invited or permitted by the occupier to be there or is permitted by law to be there.”
As stated in the Occupiers’ Liability Act, this duty of care thus applies to the condition of, activities performed on, and conduct of third parties on the premises in question. There is little margin for error on the part of the property owner or occupier. That party must reasonably work to prevent accidents – or else they can be held liable.
When the property owner or a third party can be held liable for the injuries and property damage you have suffered, then you can have peace of mind when you know your rights. With the help of an experienced personal injury lawyer, you can seek damages to cover medical expenses from either the responsible party or their insurance company.
To protect your rights under premises liability law, start by gathering evidence such as photographs of the scene and eyewitness statements. There are strict deadlines for filing personal injury claims, so you must take prompt action.
Snow and Ice Removal Laws in Alberta
The statutes vary from city to city but, in general, snow and ice removal across Alberta is a responsibility that falls to either the government entity, private property owner, or renter. When injuries occur due to failure to address wintertime hazards, these owners or property occupiers could face premises liability claims.
For instance, the City of Calgary requires property owners to:
- Clear snow and ice from public sidewalks adjacent to their properties, “down to the bare surface,” within 24 hours after snowfall
- Remove 1.5 meters (or more) of snow and ice from a public pathway next to their properties, also “down to the bare surface,” within the same 24-hour window that starts at the time a snowfall ends
- Pile snow from private driveways or walkways on their own properties so it’s out of the way, whereas snow from public sidewalks or pathways can be deposited onto other public areas
If you have been injured by falling on a snowy road, you must notify the municipality that the slip-and-fall accident has occurred within 21 days of the event, or else you cannot file a fall claim against that entity. Such strict deadlines are one reason why the place where you fell is a major factor in preparing your slip and fall claim.
Where You Fell Matters
Who do you file your personal injury claim against when you have had a slip-and-fall? It all depends on where you fell.
For instance, the OLA clearly sets out that roads and public places under the control of the city “must be kept in a reasonable state of repair by the municipality,” while private property accidents must be compensated for by the party or their insurance provider. Thus, the place where you fell determines the legal process for filing your personal injury claim.
Slip-and-fall accidents in a public street or place
When you slip and fall in a public area, such as a street or park, you must both notify and file with the correct municipal or provincial authority within a certain amount of time.
Under the Municipal Government Act (MGA) of the Province of Alberta, a city is only liable if it “knew or should have known of the state of repair” that led to the fall accident and indeed failed to uphold its legal duty of care. Claimants must demonstrate that negligence occurred in this way.
For instance, dangerous conditions that arise due to lack of proper maintenance include:
- Accumulation of snow and ice
- Uneven surfaces
- Potholes
- Lack of or unclear warning signs
- Improper lighting
If you have been hurt on property that should be properly maintained by a government entity, take action right away. The claim process begins by notifying the relevant authority and may involve strict timelines within a few weeks of the incident.
For instance, if you intend to file a claim regarding a fall on a public road or in another public place that was in disrepair, the MGA gives you only 30 days from the date of the accident to inform the city of that event.
Slip-and-fall accidents on a sidewalk
Sidewalk slip and fall cases can be complicated since sidewalks may be either public or privately owned. If the sidewalk where you fell is maintained by a municipality, the process mirrors that of falling in a public street; you would file your slip and fall claim with the municipal authority.
Conversely, if the sidewalk is directly in front of private property, then the homeowner, renter, or business owner may be held liable. In such a case, you should immediately speak to the manager of the business to fill out a form, speak to the homeowner to obtain his or her liability insurance details, or call a premises liability lawyer to discuss your next steps in determining liability.
Slip-and-fall accidents at a business
Slip-and-fall accidents that take place at stores, restaurants, and other establishments come down to the owner’s legal responsibility. Alberta law mandates that businesses maintain a safe environment for customers and other property visitors.
Victims should report the incident to the business management immediately and note down details like the time, date, and conditions that caused the accident. You should also document any communication with the property owner or his or her representatives.
Filing a claim against a business often involves dealing with their insurance company, who will do their utmost to fight against your slip and fall claim and minimize your compensation. You usually only have 2 years to settle a claim in Alberta, so speak to a premises liability lawyer to expedite the process and maximize the money you can get.
Slip-and-fall accidents at a friend’s house
When slip-and-falls happen on residential properties, especially at a friend’s home, the situation is more personal and can be sensitive. There may still be a way to get the money you need and preserve the relationship, though.
Liability insurance can cover injuries on a homeowner’s property, and renter’s insurance can also be beneficial. However, proving negligence in such slip and fall cases can be challenging.
Notify your friend about the incident and document the circumstances. However, do keep in mind that many claimants choose to settle matters privately rather than file a formal claim (to preserve the friendship) in such situations.
Talk to a Premises Liability Lawyer About Your Slip-and-Fall Today
Grover Law Firm wants to help you get fair compensation for your slip and fall case. You need our negotiation skills and years of experience to do this, and we can also take the load off your shoulders so you can focus on recovering.
Let us negotiate with the property owner or his or her insurance company on your behalf. We will not let the liable party lowball your settlement, because we can estimate the true value of your claim and anticipate their tactics.
In some cases, mediation, arbitration, or trials may be necessary to resolve the claim, but you need not let this trouble you. Our slip and fall lawyers can represent you and get you what you need. Contact us to learn more about how Alberta’s premises liability laws affect you and your slip and fall case.