Premises Liability Lawyers Cochrane
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While visiting someone else’s commercial or residential property, no one should feel unsafe or at risk of sustaining injuries. Unfortunately, many residents of Cochrane sustain injuries in both slip and fall accidents and other preventable calamities resulting from the negligence of the property’s occupier.
According to the province’s Occupiers’ Liability Act, the term “occupier” could refer to a party or entity 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 individuals or organizations could include homeowners, business managers, landowners, property managers, custodians, security personnel, landscaping companies, tenants, and others. In accordance with provincial legislations, these responsible parties have legal obligations to the safety of those who interact with their premises.
As such, occupiers are legally required to routinely inspect their properties, performing regular maintenance and addressing any hazards that could lead to injury-causing events. For example, occupiers might be responsible for sufficiently clearing ice and snow from their properties’ exterior and entranceways so as to reduce the risk of wintertime slip and fall accidents on the premises. Failure to do so could cause unsuspecting guests to sustain injuries requiring hospitalization. In fact, the province of Alberta has the nation’s second-highest rate of hospitalizations resulting from accidents caused by ice and snow.
If they are unable to repair or address dangerous maintenance issues expediently, occupiers are required to give their visitors sufficient warning about them. Examples of this include displaying caution signs on recently mopped floors and/or providing visitors with verbal warnings about on-site maintenance hazards.
If an occupier fails to live up to their legal responsibilities, disasters can occur. Depending on the circumstances, unsuspecting community members could sustain severe – even fatal – injuries as the result of an occupier’s negligence.
Because of a property occupier’s failure to take the safety of others into consideration, residents of Cochrane could be injured in various traumatic occurrences on their premises, including:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites and attacks
- Escalator or elevator malfunctions
- Assaults due to lack of security personnel on-site
- Schoolyard accidents
- Amusement park accidents
- Swimming pool accidents
- Fires caused by unaddressed maintenance issues
- Improperly cleared fire exits, lack of fire safety protocol
- And more
Recovering from injuries sustained on someone else’s premises can be a painful, emotionally challenging, and expensive process. By working with our Cochrane premises liability lawyers, the injured victims of accidents on property owned, overseen, or controlled by other parties could pursue legal action to recover the compensation they deserve.
Hear More About Your Legal Options
Our premises liability lawyers serving Cochrane offer all prospective clients a free initial consultation, during which you will have the opportunity to review the details of your case and receive personalized legal feedback. Our Cochrane premises liability lawyers have experience helping injured clients in their pursuits of justice and fair compensation.
To learn more about working with our premises liability lawyers serving Cochrane, contact us 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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