Calgary is an amazing city in the Canadian province of Alberta. It is known for its outdoor activities, but the winter season can be very difficult for the people living there.
The increased chance of falling and slipping is one of the most common problems.
In case you are a victim of such an accident, it is best to be aware of your legal rights and seek help from a Calgary-based slip and fall lawyer. The lawyer will walk you through the legal procedures and will work on getting you compensated for your wounds and damages.
What is a slip and fall accident?
A slip and fall incident takes place when an individual loses their stability due to hazardous circumstances and gets injured. Such incidents can occur in many places, including public areas, private houses, or shops. Slip and fall accidents are common in Calgary, as winters are long and harsh, making the sidewalks icy and the 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.
- A person may try to walk over cracked or uneven pavement and end up slipping and falling instead.
- The most common places indoor slip and fall accidents occur are in the shopping malls, office buildings, and restaurants, where the surfaces have become slippery due to wet floors from cleaning or water being tracked in.
- If the area lacks sufficient light, it becomes harder for people to see the hazards, which in turn increases the likelihood of falls.
- Walkways can be impeded by objects such as boxes, trash, or debris, which can be very hazardous.
Finding out who is responsible
Finding out who is responsible is not an easy task at all. A number of factors need to be taken into account in order to draw the right conclusions:
Negligence
Property owners owe a duty of care to their visitors and traders, and they must keep their premises safe. The Occupiers’ Liability Act in Alberta declares that property owners have to take reasonable steps to avert mishaps. It comprises clearing the ground of snow, ice, or other dangerous things. Should they ignore the risks of icy pathways, uneven surfaces, or wet areas, they will be responsible for any injuries caused by such conditions.
Awareness of the Danger
To get a slip and fall claim, the injured person must demonstrate that the owner of the premises knew about the danger. For instance, if the property owner is aware of the unevenness of the pavement but does nothing to rectify it or alert people, then he will have to bear the cost of the injury.
Comparative Negligence
In specific instances, the person who got hurt will also take part in the accountability for the incident. Your actions may have led to the downfall, for instance, if you were not paying attention or had your mind elsewhere. It can influence your compensation or your chances of winning a claim.
Alberta operates a comparative negligence system, which means that in case you are partly to blame for the accident, your compensation will be decreased according to the percentage of fault assigned to you.
Steps to Take After a Slip and Fall Accident
In case you or someone else has received an injury from a slip and fall accident, it is essential to take the right steps that will ensure your health and legal rights are protected. Here are the steps:
Seek Medical Care
Immediately after the accident, it is very important that you see a doctor who will check you, even if you think that your injuries are not serious or if you do not feel any pain at all. For example, mild concussions and soft tissue injuries may not be noticed at first, but they will become serious after several hours or days. Furthermore, one of the benefits of having medical records is that they will be undisputed proof in your case because they are primary evidence in your claim.
Report the Incident
Speak to the owner or manager of the location, or to any other appropriate authority, and let them know about the accident that occurred to you. Recording the specifics of the fall and the dangers that caused it is very important.
Document the Scene
Take photos of the unsafe situation, your injuries, and the area that is nearby. In Calgary, you have the right to take pictures and document unsafe conditions. Even if they are not visible to the naked eye, such conditions could be very important evidence in court.
Collect Witness Information
Get the contact details of any people who witnessed the accident. Involving these persons as witnesses in the court who will give their account of the accident will be a powerful way to back your case.
Consult a Lawyer
The next step after you have collected the evidence is to get a lawyer who specializes in slip and fall cases. The lawyer will be able to support you in the process of asserting your legal rights, informing you about the next steps in your claim, and guiding you throughout the process. An expert and professional attorney will be there to handle every aspect of your case, such as claim filing or dealing with the insurance companies for fair payment.
Conclusion
Slip and fall accidents in Calgary can be a source of major pain, both physically and financially, and quite a hassle emotionally. Serious winters and dangerous conditions are among the main factors that usually cause such events; thus, it is very important for the residents as well as the tourists to know their rights.
Being aware of the frequent causes, figuring out the liable party, and doing the proper things right after the accident really do help to a large extent in the claim. Besides, the first consultation with a professional Calgary slip and fall attorney will be the start of your journey to fair compensation with the right guidance, support, and legal knowledge. The action taken at the right time will not only be a health protector but also a future safeguard, thus allowing you to get rid of the emotional impact of an unexpected injury and move on with your life with more assurance.
Also Read: 5 Common Mistakes That Can Ruin Your Injury Claim
