According to the Canadian Institute for Health Information (CIHI), unintentional falls are the most common reason for hospitalizations and emergency department visits in Canada. When your fall may have been caused by poor property maintenance, you could be entitled to compensation for your injuries.
It is essential to work with an experienced lawyer who understands the intricacies of Alberta premises liability law. The Calgary personal injury lawyers at Grover Law Firm have years of experience. We are able to help you pinpoint the cause of your accident and fight for compensation on your behalf.
This post will explore how property maintenance could form a crucial part of a Calgary slip and fall claim. We will also examine how a Grover Law Firm premises liability lawyer could build a strong case and pursue fair compensation on your behalf.
The Link Between Property Maintenance and Slip and Fall Claims
Property maintenance is vital for homeowners, landlords, and the occupants of commercial premises. Under Alberta’s Occupiers’ Liability Act, they all have responsibilities to maintain a “reasonably safe” environment for visitors to their homes, offices, or business premises. If one or more of these parties are found to have breached this duty of care, you may be able to pursue compensation from them.
Alberta Occupiers’ Liability Act and property maintenance
Under the section “Liability of Occupier to Visitors,” the Act states that the occupier must “take such care…to see that the visitor will be reasonably safe in using the premises.” It further clarifies that this duty of care applies to “the condition of the premises,” making a clear link with liability and property maintenance.
The expectation that a premises is “reasonably safe” implies that it should be in a good condition that will maintain the safety of visitors for the purpose for which they have been invited.
Properties are not expected to be perfect. However, the occupant must be able to show he or she has taken the steps a reasonable person would be expected to take to maintain the property in a reasonably safe condition.
Regular maintenance improves safety
According to the Canadian Centre for Occupational Health and Safety (CCOHS), the most common causes of slips and trips on the same level are:
- Wet and oily surfaces
- Hazards caused by bad weather
- Loose rugs and mats
- Flooring with different levels of traction
- Spills
- Wrinkled carpet
- Lack of adequate lighting
- Uneven surfaces
Although the Occupiers’ Liability Act does not set out maintenance protocols, the CCOHS makes the following recommendations for workplaces that could also be applied in private homes:
- Lighting: Provide good lighting throughout the facility, especially in walkways. Regular maintenance should include replacing bulbs, checking light switches, and promptly repairing faulty equipment.
- Floors and walkways: Good housekeeping is essential to keep all floors safe, including regular cleaning and keeping them free from obstacles. When upgrading flooring, consider floors or coatings that reduce the risk of slips and falls. Pressure-sensitive adhesive strips, abrasive-filled paint coatings, and metal or synthetic decking are recommended. Carpets must also be kept in good condition, and rugs and mats that don’t lay flat should be tacked down.
- Avoid wet floors: Wet floors caused by water leaks, damaged roofs, or other maintenance issues must be handled promptly. In the meantime, all wet areas should be clearly marked with warning signs so visitors can easily avoid the danger.
Additionally, when maintenance problems are reported, occupiers must promptly carry out repairs.
Battling the Calgary climate
Calgary’s long, snowy winters bring maintenance challenges all building occupants must consider. From November 16 to March 7, the average daily temperature remains below 3°C and is often much colder. These frigid conditions mean everyone needs to have a plan for keeping their homes and business premises free from ice and snow as much as possible.
In addition to Alberta’s Occupiers’ Liability Act, Calgary has several bylaws related to snow and ice. The city is responsible for clearing roads, sidewalks, designated pathways and some frequently used public areas.
However, according to Section 67 of the Calgary Street Bylaw, property owners are obliged to:
- Remove ice and snow from public sidewalks bordering their properties: Within 24 hours of the snowfall ending
- Remove at least 1.5 meters of ice and snow, or down to the surface, of a public pathway that borders their properties
- Pile snow from private driveways and walkways on their properties: Snow from public property can be piled on other public property
Understandably, many people turn to snow removal companies to care for this essential task. Either way, if a property owner fails to ensure maintenance of his or her property in any of the ways mentioned above, fall accidents are much more likely.
The injured party or their lawyer may be able to use the owner’s lack of care when establishing negligence in a personal injury claim.
However, every slip and fall case is unique. Calgary premises liability lawyers must consider all the circumstances when building a case for compensation.
Additional Considerations in Calgary Slip and Fall Claims
Alberta’s Occupier’s Liability Act puts the onus on the occupants of residential and commercial properties to keep them safe for visitors. However, it is important to note the following points that could be used in determining responsibility in slip-and-fall accidents.
Defining “reasonably safe”
“Reasonably safe” is a broad term that depends on the context.
Some defining elements could include:
- How often the area is accessed
- The weather and steps that could reasonably be taken to minimize risks
- Knowledge of risks
- Maintenance procedures in place and whether these were followed
Liability lawyers would need to examine all angles to decide on the best way to build a strong case that could stand up in court, if necessary.
Personal property
The Act also includes provisions for destruction, loss, or damage of personal property. So if you smashed your smartphone when you fell, you may be able to claim compensation for replacing it.
Warning signs are not always enough
If an occupier puts up warning signs, he or she should not conclude that this is necessarily enough to discharge his or her duty of care.
However, if the warnings were sufficient to make the premises reasonably safe, they may be used as a defense in a slip and fall case. Visitors also have a responsibility to take reasonable care, so it is always best to put up warning signs.
Fewer rights for trespassers
Trespassers are not considered visitors. Therefore, under the Act, they are not owed a duty of care by the occupier. However, if the occupier causes injury or death to a trespasser by willful or reckless acts, he or she could be liable for damages.
Contributory negligence
While the occupier is responsible for maintaining safe premises, the actions of the visitor are also taken into account when assessing liability in slip-and-fall accidents.
The Contributory Negligence Act also applies under the Occupants’ Liability Act. This means that fault may be attributed to more than one party. The compensation awarded would be reduced by the injured party’s level of responsibility.
For example, if a fair compensation in a fall accident would have been $40,000, but you were found to be 25 percent liable, your compensation would be reduced to $30,000.
Alberta’s laws on premises liability are complex. Without an experienced lawyer on your side, navigating these legal complexities and pursuing fair compensation would be difficult. The slip and fall lawyers at Grover Law Firm know how to build strong cases and battle insurance adjusters in pursuit of the compensation you deserve.
Protect Your Legal Rights After a Calgary Slip-and-Fall Accident
If you have been unfortunate enough to get injured in a slip-and-fall accident, there are several steps to protect your legal rights.
You can:
- Seek medical attention: Even if you do not feel badly injured, getting yourself checked out by a doctor is vital. Some soft tissue injuries and traumatic brain injuries do not cause pain immediately. Getting prompt medical attention ensures the resulting medical records show a strong link to your fall accident.
- Document the scene: If you can, take photographs of the accident scene and your injuries. These shots could demonstrate that poor maintenance contributed to your accident.
- Get eyewitness details: Eyewitnesses could be crucial for establishing how the accident happened. Get their names and contact details at the scene.
- Inform the occupier: It is essential to inform the occupier about what happened. Give them exact details of the time, place, and nature of your accident. Businesses should create an incident report, which you can request later.
- Pursue legal action: Talk to a personal injury lawyer as soon as possible. He or she can offer invaluable guidance about whether or not you have a case. If a lawyer agrees to take your case on, he or she will explain the next steps in the legal process and how to seek compensation on your behalf.
How Calgary Lawyers Seek Justice in Slip and Fall Cases
To build a strong case for compensation, personal injury lawyers must demonstrate that four legal requirements have been fulfilled:
- Duty of care: The occupant had a duty of care toward the injured party. In Calgary, this could be established by being an invited visitor to the occupants’ premises.
- Breach: A personal injury lawyer must show that the occupant acted negligently and that those actions constituted a breach of his or her duty of care toward you. Poor maintenance could constitute negligence if it created hazardous conditions but the occupant did not take steps to ensure the premises were reasonably safe.
- Causation: The breach of duty of care directly caused you to fall and sustain injuries.
- Damages: You are entitled to damages for the losses you sustained due to your fall accident.
Accident investigation
It can be challenging to prove that a slip-and-fall accident was caused by poor maintenance, as the occupant is very unlikely to admit to this. However, personal injury lawyers can examine various forms of evidence to build a strong case.
Potential evidence may include:
- Photos from the scene
- Eyewitness and employee statements
- Incident reports
- Security camera footage
- Inspection reports
- Maintenance records
Your medical records can also form a crucial piece of the puzzle. They can indicate how your injuries were caused by your fall accident, not previous injuries or illnesses.
Your medical records can also help your personal injury lawyer build a case for fair compensation, covering your past and future medical bills beyond those covered by the Alberta Health Care Insurance Plan (AHCIP).
Fight hard for fair compensation
After a slip-and-fall accident, the occupant’s insurance company will look to pay as little compensation as possible. Personal injury lawyers will use all the resources at the law firm’s disposal to overcome their tactics and pursue compensation that will make a real difference in your life.
Most premises liability claims can be settled out of court. If it is impossible to agree on an acceptable settlement, your lawyer can file a premises liability lawsuit and seek justice in court.
Seek Justice With Grover Law Firm
Slip and fall cases can be complicated, especially when poor maintenance is a factor. You may know what happened, but proving it is another matter. That is why it pays to work with an experienced Calgary premises liability lawyer at Grover Law Firm.
For over 20 years, our personal injury lawyers have been fighting – and winning – cases for Calgary residents who have been injured due to the negligence of others. Our premises liability lawyers understand the complexities of this area of law and know how to build strong cases that give you the best chance of success.
We are ready to hear your story and provide invaluable guidance. Call us for a free case evaluation or complete our contact form, and we will get in touch with you very soon.