Calgary is a beautiful city located in the Canadian province of Alberta. It is famous for its outdoor adventure, but the harsh winter creates significant problems for people.
One of the common challenges is the increased risk of slip and fall accidents.
If you have experienced such an accident, it is better to know your legal rights and consult with a slip and fall lawyer in Calgary. They can guide you through the legal processes and help you receive compensation for your injuries and losses.
What is a Slip and Fall Accident?
A slip and fall accident occurs when a person loses their balance due to unsafe conditions, leading to an injury. These accidents can happen anywhere, like on public property, private homes, or commercial establishments. Slip and fall accidents are common in Calgary as winters are long and harsh, making the sidewalks icy and floors wet, especially from November through March.
Common Causes
Some common causes of slip and fall accidents are:
- Icy or snow-covered sidewalks, driveways, and parking lots may not be adequately cleared of snow and ice, which may create hazardous conditions for pedestrians.
- Cracked or uneven pavement can cause a person to slip and fall.
- Indoor slip and fall accidents often occur in places like shopping malls, office buildings, or restaurants, where wet floors from cleaning or water tracked inside can make surfaces slippery.
- If an area is poorly lit, it becomes harder for individuals to spot hazards, increasing the risk of falls.
- Objects like boxes, trash, or debris left in walkways can be a major hazard.
Determining Liability
Determining liability is not always easy. There are several factors that must be considered to find it:
Negligence
Property owners have a legal duty to ensure their premises are safe for visitors and invitees. Alberta’s Occupiers’ Liability Act says property owners must take reasonable care to prevent accidents. It includes removing hazards like snow, ice, or other dangerous conditions from walkways. If they fail to address risks such as icy walkways, uneven pavements, or wet floors, they will be liable for any injuries that occur as a result.
Knowledge of the Hazard
To win a slip and fall claim, victims have to prove that the property owner was aware of the hazardous condition. For example, if a property owner knows that the pavement is uneven but doesn’t take action or warn anyone, they will be liable for the injuries.
Comparative Negligence
In some cases, the injured person will also share responsibility for the accident. If you were distracted or not paying attention to your surroundings, your actions may have contributed to the fall. It can affect your compensation or your ability to file a successful claim.
Alberta follows a comparative negligence system, meaning that if you are partially responsible for the accident, your compensation may be reduced by the percentage of fault attributed to you.
Steps to Take After a Slip and Fall Accident
If you or someone has been injured in a slip and fall accident, you should follow the proper steps to protect your health and legal rights. Here are the steps:
- Seek Medical Care: After an accident, seek immediate medical care even if you don’t have any injuries or if they seem minor. Some injuries, such as concussions or soft tissue injuries, may not be immediately noticeable but show up after a few hours or days. Medical records will also serve as major evidence in your claim.
- Report the Incident: Inform the property owner, manager, or any relevant authority about the accident. Make sure they record the details of the fall and any dangers that contributed to it.
- Document the Scene: Take pictures of the unsafe condition, your injuries, and the surrounding area. Calgary law gives you the right to photograph and document unsafe conditions, which can serve as critical proof in court.
- Collect Witness Information: If there were any eyewitnesses to the accident, ask for their contact information. Witness testimony helps to strengthen your claim.
- Consult a Lawyer: Consult a slip and fall lawyer after gathering the necessary evidence. They can help you understand your legal rights and provide guidance on how to proceed with your claim. An experienced lawyer will work with you to gather intricate evidence, file a claim, and negotiate with insurance companies for fair compensation.
