Differences Between Slip and Fall and Trip and Fall Injuries
“Slip and falls” generally refer to someone falling due to a slippery substance, like ice or snow on stairs, a parking lot, or a walkway, or liquid spilled on a floor indoors.
“Trip and falls” refer to falls caused by a change in elevation, either a sudden drop that causes someone to fall, or a sudden increase in elevation that causes someone to stub their toe and fall forward.
The causes of falls and the place where they occurred will determine whether you can pursue legal damages for any injuries that you suffer as a result.
Generally, the person or organization (for example, a business or non-profit group) responsible for maintaining a property, or premises, must keep those premises reasonably safe for the people using them. In Alberta, the Occupiers’ Liability Act, or OLA for short, spells out what “duty of care” that “occupiers” of premises have:
“An occupier of premises owes a duty to every visitor on the occupier’s premises to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which the visitor is invited or permitted by the occupier to be there or is permitted by law to be there.”
In practice, this might include, but is not limited to, keeping a pathway clear of obstacles that you might trip over or removing slipping hazards such as snow and ice.
The provincial OLA specifically excludes highways and streets. Except where municipalities or other government bodies are “grossly negligent” in upholding their duty of care, it is very difficult to successfully sue them for a slip and fall or a trip and fall.
However, fixtures outside of a premises (but belong to that premises) like lights and signs, which may be placed on the street and could be falling hazards, are also subject to the act. Liability for any injuries caused by such fixtures would rest with the occupier that has placed the fixtures, broadly speaking.
The act also defines who an “occupier” is in the first place:
-A person who is in physical possession of premises or;
-A person who has responsibility for, and control over, the condition of those premises, activities conducted on those premises, and the persons allowed to enter those premises.
There can be multiple occupiers of the same premises according to the Alberta Occupiers’ Liability Act.
Besides property owners themselves, occupiers could be government bodies, private renters, business tenants, or a non-profit organization or club that has been granted the use of a place.
Whether you have slipped or tripped, our Calgary slip and fall lawyers can help you pursue meaningful compensation. Read on to learn more about the differences between slips and falls and trips and falls.
Types of Slip and Fall and Trip and Fall Injuries
According to information collected by the Alberta provincial government, when walking, trips are caused by a sudden and unexpected stop in your forward-moving leg. “Your body continues its forward motion but hasn’t a foot on which to land, so you fall.”
A common tripping hazard is abrupt changes in height, even as little as 1 centimetre (for example, between one unevenly-laid paving stone and the next). Moving from a low-slip surface to a high-slip one (such as from a cleared, sand-covered walkway to an icy or snow-covered patch in a parking lot) may cause tripping as well. Objects in the way of walking surfaces present yet another hazard.
Slips, on the other hand, most often occur when, as you walk, your heel hits the ground and you transfer your body weight to the foot in front. “If this foot slips out from under you, you lose your support base and fall.”
Although people are often able to recover from a slip and stop themselves from falling, they may strain their muscles in the attempt. Lower-back injuries frequently occur when someone carrying or lifting an object tries to regain balance.
Unclean walking surfaces (like a store floor with a liquid spill on it that has not been marked or removed) and generally high-slip surfaces that do not give enough foot grip (such as a very smooth metal floor) can contribute to falls as well.
Not surprisingly, unsafe use of ladders and even stairs may present either slipping or tripping hazards. Poorly-built stairs may lack handrails and otherwise not follow building codes, for example if individual steps are too narrow. Poor lighting and visibility could further increase the chances of falling. The longer the distance that you fall, the higher the chances of being seriously injured. Even a fall of only 1 metre could lead to death.
Who would I sue if I have a slip and fall and who would I contact about a trip and fall?
Overall, although their causes (and effects) may differ, there is little difference between trip and falls and slip and falls in the eyes of the law. Similar types of evidence are used and legal principles are weighed when determining the level of liability and how much damages are owed in such accidents.
Should you retain us as your legal counsel, we will file a claim against the appropriate defendant or defendants. The appropriate party is based largely on where your fall occurred. This could include a business occupying a certain location, private property owner, real estate corporation, or municipality.
Please note that if you intend to sue a municipality (like towns, cities, and so on) in Alberta, you must give notice to that municipality within just 21 days. For other potential defendants, there is a 2-year statute of limitations on filing a claim. In any event, it is vitally important for you to seek medical attention and legal advice as soon as possible after you have a falling injury. Otherwise, you may miss the deadline to sue and lose the right to seek compensation.
Bear in mind that your own behaviour is also a consideration when determining liability. If you acted in a way that somehow contributed to your slip or trip and fall, then any damages you are awarded will be reduced. A court may even decide that you contributed to your own injuries to the point that a defendant is not liable.
If your falling injury, trip or slip, occurred while you were at work and working, in general it is not possible to take legal action against your employer. Such injuries are instead covered by the Alberta Workers’ Compensation Board, limiting your right to sue for damages. There may be some exceptions.
As noted earlier, a premises may have multiple occupiers. Any occupiers that have contributed to your injuries could potentially be held liable for up to 100% of the damages you suffered, even if they were not solely, or 100%, responsible for causing your injuries.
Economic and non-economic losses in slip or trip and fall claims
Your losses could be economic, meaning they are fairly straightforward to calculate, or non-economic, meaning they affected you in ways that are not as easy to value in dollar amounts.
Examples of non-economic losses include (but are not limited to):
- Pain and suffering
- Loss of enjoyment of life and dignity
Economic losses include (but again are not limited to):
- Rehabilitation costs
- Lost wages, both past and future
A variety of damages may be suitable to pursue in your case. Call us to find out more.
Book a free consultation with our Calgary slip and fall lawyers for legal help
If you were injured because of a fall on someone else’s property or due to someone else’s actions, we encourage you to contact our legal team by calling 1-888-494-7191. We are available 24/7.
Book a free consultation with our Calgary personal injury lawyers today.
