Premises Liability Lawyers Canmore
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Speak with our Canmore premises liability lawyers and get legal answers to your premises liability questions.
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Traumatic events happen every day. Most of the time, they occur in places where accident victims least expect them.
Many people take it for granted that the commercial and residential properties they visit will be safe and hazard-free. No one anticipates sustaining severe injuries while shopping at a grocery store, walking through a parking lot, exercising at a fitness centre, or visiting their friend’s place of residence. However, if these and other premises are not properly maintained by their occupier, unsuspecting visitors could sustain serious injuries in traumatic incidents on-site. In Canmore, these injury-causing events are often related to:
- Slip and fall accidents
- Trip and fall accidents
- Unaddressed fire hazards
- Improperly cleared fire exits
- Lack of fire safety protocol
- Dog bites and attacks
- Lack of security personnel on-site
- Escalator or elevator malfunctions
- Schoolyard accidents
- Amusement park accidents
- Swimming pool accidents
- And more
Injury-causing accidents on other people’s premises occur most frequently in the winter months as the result of improperly cleared ice and snow. As a matter of fact, Albertans experience the nation’s second-highest rate of hospitalizations resulting from accidents caused by ice and snow.
But no matter the time of year, Canmore residents visiting both commercial and residential properties could be at risk of sustaining serious or life-threatening injuries as the result of its occupiers’ negligence. In the context of premises liability claims, the term “occupier” typically refers to an individual or organization that:
- Owns the property in question
- Is responsible for the condition of the premises (e.g., property manager, superintendent, etc.)
- Controls access to the property
- Oversees for the activities conducted on the premises
These parties or entities are subject to the rules legislated by the province’s Occupiers’ Liability Act. As such, they are required to uphold a duty of care to their visitors and take precautions around the premises to reduce the risk of unexpected, preventable injuries on the property.
Occupiers who fail to fulfill their legally mandated duty of care could be considered negligent. Their negligence could manifest itself in various ways. For example, if a property’s occupier knows about a potentially dangerous maintenance hazard on-site (or should know about it) but fails to repair it or warn guests about it, they could be liable for damages incurred by people who were injured as a result of their failure to take proper precautions.
That is why, if you were injured on someone else’s premises and incurred financial losses as a result, you may be entitled to compensation. By working with our Canmore premises liability lawyers, you may be able to recover the maximum amount of damages to which you might be owed. To learn more about working with our premises liability lawyers serving Canmore, contact us today and receive a free initial consultation on your case.
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By offering all prospective clients a free initial consultation, our Canmore premises liability lawyers strive to remove financial barriers to accessing our legal services. To receive the benefit of personalized, case-specific legal advice at no charge, call our premises liability lawyers serving Canmore today and receive your free initial consultation.
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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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