While winter is fast approaching, icy and snowy conditions have already taken over large parts of Alberta. As a result, there are more slipping hazards that we need to be aware of in order to avoid injury. While you may take all the steps you can to prevent falling, there are times when it is out of your control. After the initial shock of slipping and falling, common questions you may have include "What just happened?", "Why did I fall?" and "Whose fault was it?". Liability in slip (or trip) and fall cases can be confusing and not as obvious as it seems.
Under the Alberta Occupiers' Liability Act, the person who owns a property, or the person who is responsible for and controls the property, is known as the "Occupier". The Occupier is expected to maintain reasonable conditions for visitors who enter the property. This includes things like ensuring spills or slipping hazards are cleaned, uneven flooring is repaired, potential tripping hazards are removed, and so on. Reasonable conditions are required to be maintained inside the property lines, which include the inside of the building and any pathways or sidewalks that they are responsible for. This duty extends to both public and private property owners.
If the Occupier does not take reasonable steps to identify and rectify hazardous conditions, they can be found negligent and in breach of their duty of care. If someone slips and falls because of that negligence, the Occupier may be liable for those injuries.
It is important to note that not every slip and fall accident happens due to an Occupier's negligence. For example, slipping on ice happens in Alberta and it cannot always be prevented. The standard of care the Occupier needs to maintain is not one of "perfection". To succeed in a slip and fall claim, you have to prove that the risk of the harm was reasonably foreseeable and that the Occupier failed to take reasonable steps to prevent the harm from occurring. You then have to prove the Occupier's negligence caused the injuries you suffered.
An Occupier's duty of care is met if the premises are "reasonably safe" for the purposes of which you are invited and permitted to be there for. For example, the expectation is not that ice never be present on a walkway. This would suggest perfection, which is not the standard an Occupier is held to. Instead, the ice needs to be dealt with in a "reasonable", timely manner.
Factors to consider
The court may find an Occupier to be negligent but you can also be found negligent if you did not take steps to avoid the accident. For example, if the type of footwear you were wearing impacted the incident, if you were not keeping a reasonable lookout, or if you were distracted. The amount of compensation that you can recover is impacted by the amount of blame assigned to your actions. If you do not act carefully, this can substantially reduce your compensation or even bar it completely.
Conclusion
Contacting a personal injury lawyer immediately after a trip, slip and fall is crucial. Our personal injury team can help you secure evidence surrounding the circumstances of the fall and put together a case against the Occupier. We can assist with your slip and fall accident claim to ensure you receive fair compensation. Some injuries have long-term effects on your body, and compensation is necessary if you miss time off work or school or cannot complete your everyday tasks.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
