Slip-and-fall accidents in Alberta can happen anytime, but adverse weather conditions can significantly increase the risk of these incidents. Rain, snow, ice, and other weather-related hazards can create dangerous conditions on sidewalks, parking lots, and other public or private properties.
Property owners are required to maintain safe premises – even in challenging weather conditions. Understanding premises liability laws and the obligations property owners have to keep their land and buildings free from hazards is crucial. Knowing these will enable you to protect your rights when you have been injured in a weather-related fall.
If you or a family member has been injured in a slip-and-fall during adverse weather conditions, you may have a valid personal injury claim. Our personal injury lawyers can help you learn more about your legal rights and options.
Common Alberta Weather Conditions That Lead to Slip-and-Fall Accidents
Residents of Calgary and other parts of Alberta are no strangers to inclement weather. Heavy rains are common during the spring and summer months, while winter brings months of snow and ice.
Let’s consider some ways that weather conditions can lead to slip-and-fall accidents:
- Rain: Wet surfaces from rain can become slippery, especially on materials like tile, marble, and untreated concrete. Pooled water can also create hazards when property owners fail to address it promptly.
- Snow and ice: These are among the most common causes of winter accidents that result in falls. Slick sidewalks, driveways, and parking lots are especially dangerous if not cleared or treated with salt or sand.
- Frost: Even without snow, frost can create a thin, nearly invisible layer of ice on outdoor surfaces, catching you off guard.
- Fallen leaves: Wet or decaying leaves can become as slippery as ice, especially during the fall season. Additionally, when leaves are left to accumulate, they can cover up hazards like uneven pavement.
- High winds: Strong winds can blow debris onto walkways, creating hazards. Wind-blown debris can also obscure visibility, increasing the chances of a falling accident.
How Weather Conditions in Alberta Influence Liability
In slip and fall claims, liability often depends on whether the property owner or occupier acted reasonably to prevent accidents. While weather conditions are beyond anyone’s control, property owners have a duty to address hazards in a reasonable and timely manner.
Property owners have the following duty of care:
- Residential property owners: Typically, homeowners have a responsibility to keep walkways, driveways, and steps free of snow, ice, and other hazards.
- Commercial property owners: Businesses are often held to a higher standard of care. Business owners must ensure that parking lots, entryways, and common areas are safe for customers and employees.
- Public property: Municipalities are usually responsible for maintaining public sidewalks and streets. However, there may be specific notice requirements for filing claims against government entities.
Establishing Liability in Weather-Related Accidents
Proving negligence in slip and fall cases can be difficult because the property owner may argue that the hazardous conditions were open and obvious or that he or she took reasonable steps to address them. A personal injury lawyer can help you gather the evidence needed to prove fault and liability following a weather-related slip-and-fall accident.
To succeed in a slip and fall claim involving adverse weather, you will need to demonstrate a couple of factors. Firstly, the property owner knew or should have known about the hazard. The hazard was present long enough that the owner was aware of or should have been aware of its existence.
Secondly, the property owner failed to take reasonable action.The owner did not take appropriate measures to address the hazard, such as clearing snow or placing warning signs.
Evidence such as video footage of the incident, photos documenting weather conditions, witness statements, and maintenance records can be beneficial to establishing negligence.
How Alberta’s Comparative Negligence Laws Could Impact Your Case
Alberta follows a modified comparative negligence system. This means that if the injured party is found partially responsible for the accident, his or her compensation may be reduced proportionally.
For example, if you were wearing inappropriate footwear in icy conditions, you might share some liability for your injuries. Let’s say that you are awarded $100,000 for your injuries, but you are found 20 percent liable for the accident. You could receive $80,000 in compensation.
Available Damages Following a Slip-and-Fall Accident
It is reported that slip-and-falls in Alberta cost over $290 million each year in emergency room and hospital visits.
If you suffered an injury in a slip-and-fall due to someone else’s negligence, a personal injury lawyer can help you pursue compensation from the responsible party and their insurance company.
You may be entitled to compensation for various damages, including:
- Medical expenses: This includes emergency room visits, surgeries, physical therapy, and ongoing medical treatment related to the injury
- Lost wages: If serious injuries prevent you from working, you can recover compensation for lost income; this can include future earning capacity if your injuries are long-term
- Pain and suffering: Slip and fall injuries can cause significant physical pain and emotional distress, for which you could receive compensation
- Other expenses: Costs for items such as crutches, transportation to medical appointments, or home modifications may also be recoverable
The Importance of Legal Representation After an Alberta Slip-and-Fall
Navigating a slip and fall claim involving weather conditions presents unique challenges. Trying to handle this type of personal injury claim on your own can be challenging, to say the least.
Consider some of the many benefits of having a trusted legal representative by your side:
- Your legal team will investigate the accident and gather evidence to establish fault
- Personal injury lawyers can skillfully negotiate with insurance companies, ensuring you receive fair compensation
- If a fair settlement cannot be reached through negotiations, your attorney will represent you and handle all legal proceedings in court
Schedule a Free Consultation With an Alberta Slip and Fall Lawyer Today
Weather conditions can impact slip and fall claims. However, poor weather conditions do not absolve property owners of their responsibility to maintain safe premises. If you have been hurt on someone else’s property, a lawyer can help you understand your legal rights, answer any questions you have, and explain the property owner’s obligations.
Grover Law Firm accepts personal injury cases on a contingency fee basis. This means you will not pay any upfront costs or fees – we only get paid if your case is successful and you are awarded a settlement.
Let us help you navigate the legal process and recover the compensation you deserve. Call us 24/7 at (403) 253-1029 or complete the contact form to schedule a free consultation.