In Alberta, property owners must follow the Occupiers’ Liability Act, which requires them to maintain safe conditions on their premises. This requirement includes addressing hazards like wet floors, uneven surfaces, and icy walkways. If an owner fails to take reasonable steps to prevent accidents, they may be held liable for injuries resulting from slip and fall accidents. Violating these laws can lead to legal action, where the injured accident victim may recover damages for lost income and pain and suffering.
An experienced slip and fall lawyer in Alberta can assess the strength of your case, gather evidence, negotiate with insurance companies, and represent you in court to ensure that you receive fair compensation for your injuries.
Most Important Laws That Alberta Property Owners Must Follow
In Alberta, Canada, property owners have a legal responsibility to maintain safe environments for anyone who enters their property. This responsibility includes preventing slip and fall accidents, which can result in serious injuries.
- First, under Alberta’s Occupiers’ Liability Act, property owners (or “occupiers”) must take reasonable steps to ensure that their premises are safe for visitors, including customers, tenants, and even trespassers in some cases. The law holds occupiers responsible for hazards that can cause injury, such as wet floors, icy walkways, or uneven surfaces. They are required to inspect and maintain their property regularly to identify and fix potential dangers.
- A key part of the Act is that property owners must take “reasonable care” to prevent accidents, but what is considered reasonable depends on the situation. For example, during the winter months, owners must ensure that sidewalks and parking lots are cleared of ice and snow to prevent slipping. If a dangerous condition is not addressed in a reasonable time frame (for example, not salting or shovelling walkways after a snowstorm), the property owner may be found negligent if someone slips and falls.
- Furthermore, Alberta’s Municipal Government Act allows local governments to create bylaws related to property maintenance – especially during the winter. These bylaws often require property owners to clear snow and ice from walkways and public pathways within a certain period after a snowfall. Failing to comply with these bylaws can lead to fines and increased liability in the event of an accident.
- In addition, landlords and business owners have extra obligations. If a tenant or customer falls due to a hazard that the landlord should have repaired or warned about, the landlord may be liable for damages. Therefore, property owners must not only keep their property safe but also act quickly when they become aware of potential dangers.
Most Common Injuries in an Alberta Slip and Fall Accident
Slip and fall accidents can lead to a wide range of injuries, some of which may have lasting effects on a person’s health and well-being. In Alberta, Canada, the most common injuries victims of these accidents suffer include bone fractures, head injuries, soft tissue damage, and sprains or strains.
One of the most frequent injuries from slip and fall accidents is bone fractures, especially in older adults. The most commonly fractured bones include the wrists, hips, and ankles. These injuries occur when a person falls and lands with force on a hard surface, causing their bones to break. Hip fractures are particularly serious, as they often require surgery and can lead to long-term mobility issues or complications.
Head injuries, including concussions or traumatic brain injuries (TBIs), are another significant risk in slip and fall accidents. When a person falls and strikes their head, the impact can cause damage to the brain. Even less severe falls may lead to concussions, which can result in symptoms like dizziness, headaches, memory loss, and nausea. Severe head injuries can have lifelong consequences, including cognitive impairments or increased risk of brain disorders in the future.
Soft tissue injuries, such as bruises, cuts, and contusions, are also common in slip and fall accidents. These injuries occur when a person’s body makes contact with the ground or other objects during the fall. While they may not always be as severe as fractures or head injuries, soft tissue injuries can still be painful and take time to heal. Bruises and cuts may leave scars, and in some cases, the damage to the soft tissue can cause chronic pain or limited mobility.
Another common injury is sprains and strains, particularly in the ankles, knees, or back. When a person falls, they often twist or stretch their muscles and ligaments in an unnatural way, leading to sprains or strains. These injuries can range in severity and may require physical therapy or rest to fully recover.
In some cases, slip and fall accidents may also result in spinal injuries. Damage to the spine can lead to long-term problems, including chronic pain or even paralysis, depending on the severity of the injury.
Proving the Elements of a Slip and Fall Case in Alberta
In Alberta, Canada, if you’re injured in a slip and fall accident and wish to pursue a legal claim, you must prove several key elements to succeed in your case. These elements focus on establishing that the property owner was negligent and that their negligence directly caused your injury. To prove a slip and fall case, the following legal elements must be demonstrated:
- Duty of Care – The first element you must prove is that the property owner or occupier had a legal “duty of care” towards you. Duty of care means the property owner was responsible for maintaining a safe environment for anyone who may visit the property, including customers, tenants, or even people just passing by. Under Alberta’s Occupiers’ Liability Act, the property owner must take reasonable steps to prevent dangerous conditions that can cause accidents.
- Breach of Duty – Once you have established that the property owner owed you a duty of care, you must show that they breached this duty. Breaching this duty can mean that the property owner failed to repair a hazardous condition, failed to warn visitors about a danger, or neglected to properly maintain the property. For example, if the owner did not clear ice or snow from the walkway in a reasonable time after a snowfall, this negligence can be a breach of duty.
- Causation – The next element is proving that the property owner’s breach of duty directly caused your injury. In other words, you must show that the dangerous condition – such as a wet floor, uneven pavement, or icy sidewalk – was the reason you fell and got hurt.
- Damages – Finally, you must prove that you suffered actual damages as a result of the fall. These damages can include lost earnings due to time off work, pain and suffering, or other costs directly related to the injury. Documenting your injuries with medical records and testimony is essential to show the extent of your damages.
Proving these elements requires strong evidence, including photographs of the hazard, witness statements, and medical records, to build a solid case in a slip and fall lawsuit.
Settling or Litigating a Slip and Fall Case in Alberta
When you are injured in a slip and fall accident in Alberta, one of the key decisions you will need to make is whether to settle your case out of court or pursue litigation. This decision can significantly affect the outcome of your case, as well as the time and effort required to resolve it. Understanding the advantages and drawbacks of both options – and consulting with a lawyer – can help you make the best choice for your situation.
Settling a Slip and Fall Case
Settling a slip and fall case means reaching an agreement with the property owner (or their insurance company) before the case goes to trial. Settlements are often quicker and less expensive than litigation, as they avoid court costs, lengthy procedures, and the unpredictability of a trial. In many cases, insurance companies may offer a settlement to avoid the risk of a larger judgment in court.
A major benefit of settling is the speed with which you can receive compensation. Once both parties reach a settlement, the at-fault party’s (defendant’s) insurer typically pays the agreed amount quickly, allowing you to cover expenses without waiting for a trial. Settling also provides more certainty as there is no risk of losing in court. However, settlements may offer less compensation than you can potentially receive through a trial, especially if the defendant tries to minimize their payout.
Litigating a Slip and Fall Case
Litigation, on the other hand, involves taking your case to court and having a judge (or jury) decide the outcome. While this process can take much longer – often months or even years – it may result in a larger financial award, especially if the property owner’s negligence was severe or if the defendant refuses to settle fairly.
Litigating allows you to present all of your evidence, call witnesses, and argue your case in court. If you believe the insurance offer is too low or the defendant is not taking responsibility for the accident, litigation may be necessary. However, litigation is also more unpredictable. There is no guarantee you will win, and even if you do, the outcome may not be as favourable as a settlement.
How a Lawyer Can Help
A lawyer can guide you through both the settlement and litigation processes. They can assess the strength of your case, negotiate with insurance companies on your behalf, and advise you whether settling or litigating is in your best interest. If you decide to litigate, a lawyer will ensure that all legal procedures are followed, gather the necessary evidence, and represent your interests in court.
Types of Compensable Losses in an Alberta Slip and Fall Case
If you’ve suffered an injury in a slip and fall accident in Alberta, Canada, you may be entitled to compensation to address the physical, emotional, and financial consequences of your injury. The damages, or losses, for which you can recover compensation generally fall into three categories: economic damages, non-economic damages, and punitive damages. Each type serves a different purpose in compensating for the effects of your accident.
- Economic Damages – Economic damages compensate for the tangible financial losses you suffer as a result of your injury. They are the most straightforward damages to calculate because they reflect actual, measurable costs associated with the accident. Economic damages include the following:
- Lost income – If your injury causes you to miss work, you may be entitled to compensation for the income you lost while recovering. This compensation can include earnings from your regular job or income lost if you are unable to work for an extended time due to your injuries.
- Loss of Earning Capacity – If your injury prevents you from returning to your previous work or limits your ability to perform your job duties, you may be entitled to compensation for the long-term effects on your earning ability. This type of damage is particularly relevant if your injury leads to a permanent disability that makes it more difficult to earn a living in the same way you did before the accident.
- Non-Economic Damages – Non-economic damages are awarded to compensate for more subjective losses that do not have an exact financial value but still significantly affect your life. These damages aim to address the pain and suffering the injury caused, as well as the emotional and psychological toll.
- Pain and Suffering – This type of damage compensates you for the physical pain, discomfort, and distress your injury caused. The amount awarded will depend on the severity and duration of the pain, as well as how it affects your ability to perform daily activities.
- Loss of Enjoyment of Life – If your injury prevents you from participating in activities you once enjoyed, such as sports, hobbies, or social events, you may be entitled to compensation for the loss of these experiences. Compensation for this type of loss recognizes the emotional and social toll of being unable to live life as you did before the accident.
- Emotional Distress – Injuries can lead to psychological issues like anxiety, depression, or trauma. If your slip and fall accident results in emotional or mental health struggles, you can recover compensation for the emotional distress resulting from the injury.
- Punitive Damages – In rare cases, you may be entitled to punitive damages if the property owner’s conduct was particularly reckless or malicious. Punitive damages are designed to punish the defendant for gross negligence or intentional wrongdoing and serve as a deterrent to prevent similar behaviour in the future. These damages are not awarded in every slip and fall case, but they may apply if the property owner’s actions were egregious.
Recovering compensation in a slip and fall case can provide the financial relief necessary to move forward with your life. Consulting with an experienced slip and fall accident lawyer can ensure that you receive fair compensation for all of the losses and suffering you have endured.
Speak with an Experienced Alberta Slip and Fall Lawyer Today
If you sustained injuries in a slip and fall accident in Alberta, a skilled lawyer can handle every step of the legal process for you while you focus on getting better. Your Alberta Personal Injury lawyer will fight for the compensation you deserve during settlement negotiations or litigate your case to a swift resolution in the Alberta Court System.
