Premises Liability Lawyers Airdrie
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There are many factors that can make a property unsafe. Depending on the type of location and its primary function, different types of hazards can exist in plain sight. A property occupier’s failure to rectify, repair, or warn guests about these types of hazards can cause unsuspecting visitors to the premises to sustain serious, sometimes life-changing injuries.
In accordance with the Occupiers’ Liability Act, the occupiers of commercial and residential properties in the province are required to provide a duty of reasonable care to their guests. In the context of premises liability claims, the term “occupier” can refer to an individual or organization that:
- Owns the property in question
- Is responsible for the condition of the premises
- Controls access to the property
- Oversees for the activities conducted on the premises
As such, they could include landlords, business owners, property managers, superintendents, tenants, employers, security personnel, landscaping companies, and other parties or entities responsible for a property’s goings-on and upkeep. If these responsible parties fail to fulfill the duty of care they are required to provide to others and an injury-causing accident occurs as a result, they could be considered negligent.
Depending on the nature of the premises, an occupier’s negligence could manifest itself in various ways. For instance, a residential building’s superintendent may neglect to shovel snow and clear ice in the parking lot outside the apartment they maintain. This negligence could lead to serious injuries. In fact, Alberta has the country’s second-highest rate of hospitalizations resulting from accidents caused by ice and snow.
The injuries sustained in a slip and fall accident on someone else’s property can be disruptive to a person’s life at the best of times and fatal at the worst. Senior citizens are particularly vulnerable to severe or catastrophic injuries as the result of a slip and fall. However, regardless of age or physical condition, anyone who has been involved in an accident on someone else’s premises could be seriously injured, requiring lengthy periods of hospitalization, physical rehabilitation, time away from work, and more costly lifestyle adjustments.
There are many types of calamities that can befall an unsuspecting visitor to someone else’s premises. Our Airdrie premises liability lawyers have experience helping people who have been injured in different kinds of traumatic events on property owned or overseen by another party or entity. These are often instigated by various forms of occupier negligence and could involve:
- Dog bites and attacks
- Lack of security personnel on-site
- Escalator or elevator malfunctions
- Schoolyard accidents
- Amusement park accidents
- Swimming pool accidents
- Unaddressed fire hazards
- Improperly cleared fire exits
- Lack of fire safety protocol
- And more
If you were injured while visiting someone else’s property, our premises liability lawyers serving Airdrie may be able to help you recover the compensation you deserve. To learn more about working with our Airdrie premises liability lawyers, contact us today and receive a free initial consultation on your case.
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During a cost-free, no-obligation initial consultation with our premises liability lawyers serving Airdrie, you may be able to learn about options for legal action that may be available to you. To review your circumstances and receive case-specific legal advice, call to receive your free initial consultation with our Airdrie premises liability lawyers today.
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Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
Commonly Asked premises liability Questions
Here are our most asked questions on premises liability claims.
What does premises liability mean?
Injuries at businesses and private residences are common. Premises means a house or property. Premises liability means when someone is injured on a premises and the owner, manager, or maintenance company is at fault for the injury.
I have been injured on someone else’s property, what do I do?
If you have an opportunity, take a photograph of the area where you were injured. You should also get witness contact information when possible. The priority is always your health. See a medical professional to assess your injuries. Finally, contact a lawyer to discuss your claim as soon as possible. When suing a municipality, you are required to notify them within 21 or 30 days.
How do you prove that a property owner is liable for an accident on their property?
Documenting the condition of the property is important. The presence of dangers, like snow, water, or ice, may be in dispute at a later date. All property owners must take care to ensure their guests are reasonably safe. What is reasonable depends on the type of property, the number of guests, the type of guests, and the risk. Property owners must have a reasonable system of inspection and maintenance to avoid responsibility. Consult a lawyer to find out about your claim.
Who is responsible for an accident on someone else’s property?
The property owner is often primarily responsible. However, commercial properties may have businesses that lease the property, property management companies, and winter maintenance companies that also may be at fault for claims.
What are some common types of accidents that can occur on residential, commercial, or public property?
Slips and falls and trips and falls are the most common types of injuries on properties.
Is there a deadline for filing a premises liability claim?
Injured people have two years to sue on personal injury claims. However, if you want to sue a municipality, you must notify them within 21 or 30 days of your intention to do so.
How can a personal injury lawyer help with a premises liability claim?
Lawyers can help prove your case and recover damages. Dealing with the opposing side of premises liability claims can be challenging. Whether it be an insurance adjuster, a defence counsel, or ultimately a judge, personal injury lawyers have a skillset to assist in presenting your case and securing money for you.
Who can make a premises liability claim?
Anyone injured on a commercial property can make a claim. You can also make a claim against another person’s home. If you are injured in your own home, typically, your homeowner’s insurance will not offer any compensation to you or your family that resides there.
Can I still make a claim if I am partially responsible for an accident on someone else’s property?
Injured people may be partially responsible for the accident, but this does not stop you from making a claim. The court will always assess what caused the accident and how the party’s actions led to that injury. If the injured party is solely responsible for their own misfortune, they may not be able to recover damages. You should consult a lawyer for their assessment of your claim.
What does the duty of care in a premises liability claim mean?
A duty of care means you have an obligation to consider other people’s safety. Generally, the obligation is one of reasonableness. For instance, ice on a cold day is a foreseeable risk. When the temperature fluctuates around zero, there is a greater chance of snow melting and ice forming. Property owners have a duty to their guests or customers to consider ice and try to address this risk.
I signed a liability release form and got injured. Can I still sue?
That depends. There are some situations where releases have no impact, while others can be a complete defence. Everyone knows that skiing is risky. When you sign a release or a waiver, the courts generally uphold the release. However, minors cannot enter contracts, and any attempt to have them or their parents sign releases on their behalf is generally meaningless.
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