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Slip and Fall Accident Lawyers Edmonton

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The Government of Canada reported that falls are the leading cause of hospitalization in Canada. While slips and falls can happen in any season, they are more common in cold climates. In Edmonton, many slip and fall accidents responsible for injuries requiring visits to the emergency room are caused by icy, snowy conditions. As it happens, dozens of falls caused by extreme cold conditions lead to injuries requiring hospitalization each winter. Edmonton certainly has more than its fair share due to our climate’s long winters.

But slip and fall accidents can happen at any time of year. When the person or organization responsible for a property’s upkeep fails to perform routine safety inspections, conduct regular maintenance touch-ups, address hazardous conditions on-site, or warn visitors about potential risks, slips and falls can occur. And depending on the conditions of both the accident victim and the accident scene, these slips and falls can lead to serious injuries.

Senior citizens are the people most likely to be involved in slip and fall accidents, as well as the demographic most susceptible to serious injuries as a result of a fall. However, regardless of age or physical condition, anyone can sustain severe, potentially life-changing injuries as a result of a slip and fall accident on someone else’s property.

No matter how severe the injuries, victims of slip and fall accidents often face substantial disruptions to their daily routines as a result of their newly acquired medical conditions. The consequences of a slip and fall can be physical, emotional, and economic, especially if the injuries sustained in the accident prevent the injured party from returning to work for a prolonged period of time. Our Edmonton slip and fall accident lawyers believe that no one should be forced to incur financial losses because of someone else’s negligence. If you or a loved one has sustained injuries in a slip and fall accident in Edmonton, contact our law firm today.

The difference between slip and fall and trip and fall accidents

Slip and falls occur when people slip on ice or liquid. In Alberta, about 13,000 people go to the hospital from slips and falls on ice every year. Slip and falls can cause your body to fall forward, backward, or sideways. Any type of fall can be dangerous. Trips and falls, on the other hand, generally occur on changes in elevation. Any fall can cause an injury, but the likelihood of serious injury increases with changes in elevation.

If a fall happens outside your home, you may have a claim against the property owner, local municipality, or winter maintenance contractor. The Occupier’s Liability Act is a law that is designed to protect the public from injury. Essentially, owners and occupiers have to keep their property reasonably safe for any user. What is reasonable will always depend on the type of property and the amount of pedestrian traffic that attends this location. In Alberta, most property owners have to reasonably maintain their property, so if they are negligent, you can recover damages. However, municipalities are only liable if they are grossly negligent. This is set out in the Municipal Government Act.

For legal help on slip and fall accident claims, contact our Edmonton slip and fall/trip and fall lawyers for more information.

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How slip and fall accidents happen

Slip and fall accidents happen when there are hazards in pedestrian areas. Water and ice are known risks, and property owners are required to have a system to inspect and remove dangers. This is to ensure their guests are safe while on their property. When an owner does not maintain a property in a reasonable manner, slip and falls are more common.

In produce sections of supermarkets, there is a high volume of customers, and lots of items can easily fall to the floor and cause a slip and fall accident. Further, there are lots of products that are liquid that may drip or leave liquid substances on the floor, and this, in turn, can also result in slip and fall accidents.

In stores, there are bright signs designed to grab your attention and bring your eyes to merchandise. In this context, it is easy to understand why the customers are not focused on the floor. When there are known risks and lots of pedestrians, it is important for the vendor to inspect and maintain their floor regularly.

Managing snow and ice outside of stores can be a challenge. Snow events can happen quickly and require a fast response. Weather forecasts are not always accurate. Further, ice can be tricky when the weather fluctuates around zero, causing thaw-freeze events. This concept means it is important for property owners to be cautious about where they put snow cleared from their lot.

Immediately after being involved in a slip and fall on someone else’s property, many accident victims instinctively blame their own lack of caution or attention without even considering that their injuries may have been the result of another party’s lack of consideration for their safety. Our Edmonton slip and fall lawyers believe that no one should be forced to pay for someone else’s errors, omissions, or lack of judgment. To learn how we may be able to help you get the compensation you deserve, contact us today.

How trip and fall accidents happen

Common locations for trips and falls are stairs and sidewalks. There are strict rules and regulations about how stairs are constructed. The Building Code defines the acceptable dimensions of stairs and when stairs are supposed to have handrails. Falls on stairs can often lead to serious injuries. Trips and falls on sidewalks are common near construction sites. Another cause of change in elevations on sidewalks is tree roots. As the roots grow, they often push the sidewalk slabs up, which can lead to trips and falls.

If you or a loved one has been injured in a trip and fall accident in Edmonton, contact our Edmonton trip and fall lawyers today for your free initial consultation and let us put our experience to work for you.

Injured in a slip and fall accident in Edmonton? Here’s what to do next.

Whether it’s a slip and fall or a trip and fall accident, here’s what we recommend you do immediately following these types of accidents in Edmonton:

  1. Take photographs of what caused your fall and the condition of the property: Securing evidence about the circumstances of the fall is important to confirming what happened and who is at fault.
  1. Report the incident to the property owner: In some circumstances, the property owner may have first aid attendants who can offer you assistance. Letting the property owner know is important to ensure that others do not get injured.
  1. If it is a municipality, it is crucial you notify the city clerk right away: Notify the local city clerk within 21 days to protect your rights to sue later.
  1. Ask the owner to maintain any surveillance video and incident reports: While there is more surveillance video than ever, many systems record over the footage within days. It is best practice to request that the property owner maintain the video in a prompt manner.
  1. Ask for witnesses’ contact information: Securing a witness’s telephone number can be very useful, as witnesses can offer an independent perspective.
  1. Seek medical attention and follow your doctor’s instructions: Many people think they can sleep it off.
  1. Contact a slip and fall/trip and fall lawyer: Let someone else worry about your claim so you can focus on your recovery. There are several actions shortly after an incident that can ensure your rights are protected.

How do slip and fall lawsuits work?

We often get asked by clients how these types of lawsuits work. Here is a general overview of what to expect in a slip and fall lawsuit from an administrative and procedural standpoint:

Step 1: Investigate the Claim – Slip and fall lawsuits can be tricky, as it is important to find all the correct parties. We can find the owner of the property through a land title search. However, it is common that the party that runs the business at that location is a different company. A business license search often reveals this information. In order to locate all the right parties, it is important to do land title searches and business license searches.

Step 2: Begin an Action – It is important to sue on any personal injury claim before the two-year anniversary. It is important that you do your research to name all the right parties.

Step 3: Exchange Records – Both parties have the right to request and secure records related to the claim. In this phase, we use medical records to demonstrate the extent of your injuries. It also allows us to assess any inspections and maintenance.

Step 4: Questioning – This is an opportunity for the lawyers to ask the parties questions about the facts and consequences of the accident. Asking questions under oath is an important part of all lawsuits.

Step 5: Trial – Most cases settle before trial, which avoids the delay and stress of trial. However, when the parties cannot agree on a settlement, presenting your case to a judge to assess the case is the solution.

Types of compensation you may be eligible for in a slip and fall claim

If you’re wondering what types of compensation are eligible for individuals who have sustained serious injuries in slip and fall or trip and fall accidents, here is an overview of the damages that you may be entitled to:

Pain and Suffering: Compensation for your pain and suffering will reflect the severity of your injury, the length of time it impacts, and how it changes your life. While insurers may tell you that you have a minor injury that is limited to about $6,000, please consult a lawyer to know your rights. Soft tissue injuries can interfere with your life and work and are often worth a lot more than the minor injury amount.

Lost wages: Securing lost past and future wages is often the largest portion of your claim. Your previous tax returns are a strong indicator of what you would have earned without the accident, but that is not the whole story. Whether it is lost wages from turning down overtime or if you have to retire early do to an accident.

Special Damages: Injury victims often pay for medication and treatment during recovery. You are entitled to be repaid for these expenses. However, you are also entitled to recover the cost of parking and mileage while going to see your doctor or treatment specialist.

Future Treatment: While you may be out of treatment at the time of settlement, doctors will often confirm that you may need treatment in the future. Flare-ups of symptoms and aging may lead you to need more care, treatment, or housekeeping assistance.

Our Edmonton slip and fall lawyers understand the elements of your claim and case, assist to protect your rights, assist with your care, and ultimately secure fair compensation.

How can our Edmonton slip and fall lawyers help with your claim

Even if you are unsure whether your injuries occurred as a result of an occupier’s negligence, consider scheduling a free initial consultation with Preszler Injury Lawyers. Learn about options for financial recovery that might be available to you by taking advantage of a free initial consultation, and let us put our experience to work for you.

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Watch Our slip and fall accident Videos

Check out our video series where we break down many interesting topics about slip and fall accident claims in Alberta.

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Commonly Asked slip and fall accident Questions

Here are our most asked questions on slip and fall accident claims.

If you are involved in a slip and fall accident in Calgary, your first priority is to ensure that you are safe and able to receive any medical attention or other assistance that may be required. After your immediate needs are met, you should identify the hazard that caused you to fall and any witnesses to the fall or the hazard. Photographs of the hazard are particularly helpful. The primary burden on a plaintiff to prove liability in a slip and fall claim is to show that the premises on which you fell was in a hazardous state.

If you slipped or tripped on public property, it is important to contact a lawyer in a timely manner for advice on how to proceed. Some public property, such as hospitals or schools, may not have any special laws or rules that differentiate them legally from other premises occupiers. Some public property, such as municipalities, do. These special rules often involve reporting requirements – essentially telling the municipality about the slip or trip. These reporting requirements have deadlines measured in weeks rather than years and must be acted on quickly. If you have tripped or slipped on public property in Calgary, you can call one of our slip-and-fall accident lawyers for a free consultation.

There are time limits for bringing slip and fall claims. The general time limit that applies to the majority of claims is two years, as set out in the Limitations Act, RSA 2000, c L-12. There are exceptions to this time limit, including for minors or people with a legal disability. There are also other time limits that may apply, such as notice provisions to be provided to a municipality if the slip and fall occurred on its property.

A strong slip-and-fall case has the following legal elements: a duty of care, breach of duty, causation of injury or damage, and substantial damages. A duty of care is owed by a premises occupier to users of the premises. A breach of that duty occurs when the premises is in a hazardous state that should have been prevented or fixed by the occupier. Causation is a logical connection between the hazard and your slip and fall – for example, the presence of ice caused you to slip. Substantial damages in a personal injury claim refer primarily to pain and suffering, wage loss, out-of-pocket expenses, or expected care costs.

Compensation, or damages, are determined by dividing your case up into segments known as heads of damage. This includes specific quantification of:

  • Pain and suffering;
  • Past wage loss;
  • Future wage loss;
  • Out-of-pocket expenses;
  • Expected future care;
  • Loss of housekeeping capacity; and
  • An in-trust claim for those who went above and beyond to care for you in your time of need.

Slip and fall accidents can result in orthopedic injuries such as broken bones or torn ligaments. Even without a broken bone, slip and fall accidents can cause back pain or neck pain, which sometimes becomes chronic. People can hit their head in a slip-and-fall accident and sustain a concussion or mild traumatic brain injury. Slip and fall accidents can also result in spinal cord injuries.

Negligence is a general legal term that was developed under common law to capture the duty of care that people owe to those who might reasonably foreseeably be injured by their actions. In slip and fall claims, we often deal with liability under the Occupiers’ Liability Act, RSA 2000. The duties created by both the common law of negligence and the Act are very similar and require an occupier to take reasonable care to make sure the premises are safe for visitors. If a visitor slips and falls because the occupier failed in this duty, the occupier is negligent.

The legal analysis is the same for a slip and fall and a trip and fall accident. The difference is the mechanic of the fall and often the type of offending hazard. For example, you are more likely to slip on ice than on a bunched-up carpet, and you are more likely to trip on a bunched-up carpet than on ice. The key to both types of cases is whether the premises were in a hazardous condition and whether that hazardous condition caused you to fall.

Both liability and damages impact the compensation for a slip and fall. Liability refers to fault. A slip and fall accident is a fault-based accident, which means the occupier must be at fault for you to get compensation. In a settlement, the parties will assess the risk of fault being found. In some cases, it is clear that there is a liability. In some cases, it is clear that there is not. Many cases fall into the gray area in the middle. How injured you are and how it affects the quantum of your damages also impacts your compensation. The bigger the damages, all else being equal, the bigger the settlement.

A personal injury lawyer is extremely important in a slip-and-fall claim. Slip and fall claims are technical. They can require specific reporting to the occupier. The analysis of the hazard and standard of care required of the occupier can be complex. Finally, the assessment of damages requires a legal opinion. Insurance company representatives are well versed in all these areas of the law, as are the lawyers they hire to defend the occupier. A personal injury lawyer on your side can help make things even so you may receive the compensation you deserve.

SLIPPED, TRIPPED, OR FELL IN EDMONTON?

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