Slip and Fall Accident Lawyers Calgary
CBC previously reported that Albertans are three times more likely to get injured by slipping and falling on ice than any other provinces in the country, according to statistics available from The Canadian Institute for Health Information. At the time this report was released, Alberta had the second-highest slip and fall rate in the country. While a variety of factors may be at play for causing slip and fall accidents, such as different weather patterns and pedestrian infrastructure: there is legislation that makes it a legal obligation for property owners and managers to keep their premises safe for their patrons. The Occupier’s Liability Act (OLA) outlines property owners have a duty of care to take measures to ensure their patrons are reasonably safe when using the premises. This duty extends to all types of property owners including residential, commercial and municipal property owners.
If you or a loved one have sustained injuries in a slip and fall accident in Alberta, contact our Calgary slip and fall lawyers for legal help. You can book a free consultation to speak with a member of our legal team where you’ll have the opportunity to discuss your case as well as any other questions you may have about filing a possible slip and fall claim. This initial consultation is absolutely free.
What to do immediately following a slip and fall or trip and fall accident
Here are some steps we recommend you take immediately following a slip and fall accident that resulted in you sustaining injuries:
Step 1: Stay calm and assess your injuries
First and foremost, you have to look out for your health. You need to determine if you have an injury and if so, arrange for medical help at your earliest opportunity. Depending on the nature of your injury, you may have sustained a concussion, fractures, broken bones or soft tissue injuries. Make sure you receive appropriate medical care as early as possible.
Step 2: Take pictures of the area
If possible, take photos of your immediate surroundings and the hazard that may have caused your fall. This may be important evidence should you wish to file a lawsuit to recover compensation for your injuries.
Step 3: Inform the property owner/manager of the hazard
If possible, alert the property owner or caretaker(s) of the property of the hazard so they have an opportunity to rectify the present danger and prevent others from getting injured.
Step 4: If you’ve sustained injuries, contact your family doctor
Make sure your injuries are documented with your family doctor. Sometimes small sprains and strains may result in further aggravated injuries down the road, so it’s important to make sure you see your family doctor if the pain persists.
Step 5: Contact our slip and fall lawyers for a free consultation
If you have sustained injuries and wish to file a slip and fall claim for compensation, contact our law firm for a free consultation to see if you may be eligible for a claim. In most cases there is usually a 21-day notice period if you fall on city owned property. In some cases, it’s hard to know whether you fell on city or private property, but a lawyer will be able to assist with determining this.
Is there a difference between a slip and fall accident and trip and fall accident?
Most people don’t know this, but there is actually a difference between slip and fall and trip and fall accidents. In the world of personal injury law, slip and fall accidents occur because your foot slips out in front of you. Examples of slip and fall accidents include slipping on ice or slipping on liquids on the floor. Trip and fall accidents on the other hand, occur when there’s an unexpected change in elevation. Examples of trip and fall accidents include tripping on a ledge on a walkway due to shifted concrete or tripping on a broken stairwell.
Common causes of slip and fall and trip and fall accidents in Alberta
Slip and fall accidents can happen in both indoor and outdoor conditions.
- Falls on unsafe stairwells
- Falls on uneven stairs
- Debris in public walkway or a parking lot
- Poorly constructed or maintained sidewalks
- Tripping hazards
- Unsafe treads and handles
- Improper warning signs
- Rapidly changing weather patterns that cause the melting and freezing of ice
- Liquid on the ground such as water, soap, detergent and more
- Non-liquids on the ground such as a sheet of paper which makes you lose traction
- Unmarked dangers
If you have sustained serious injuries because of any of the above, we recommend you contact our Calgary slip and fall lawyers today for immediate legal help.
Common injuries sustained in slip and fall/trip and fall accidents
Injuries stemming from these types of accidents can vary depending on the severity of the injury. Here is a brief overview on common types of injuries sustained in both trip and fall and slip and fall accidents.
Broken bones: These types of injuries are the most common injuries from slip/trip and fall accidents. An individual may see broken bones such as wrists, hips, arms, shoulders, ankles, legs, ribs, kneecaps, elbows, feet, toes and fingers.
Traumatic brain injuries (TBI): TBIs fall under the category of Acquired Brain Injury (ABI) in Canada. TBIs are a type of ABI caused by trauma and can range from a mild concussion to a severe head injury. TBIs can cause both temporary or permanent impairments from a cognitive standpoint as well as impair your ability to move, learn and speak.
Soft tissue injuries: These types of injuries can extend to things like sprains, strains and muscle tears. They can be very painful and depending on the nature of the injury, can take weeks, months or even years to heal. In some cases, these types of injuries can also turn into chronic pain down the road.
Sprains and strains: Sprains and strains are both classified as soft tissue injuries although they occur on different parts of your body. These types of injuries are typically localized to ligaments and tendons. Sprains and strains are often caused by twisting or overextending a joint during a fall.
Neck and spinal cord injuries: These are serious injuries that can result in paralysis or other long-term complications. They can also affect your mobility, sensation and overall well-being. These are serious injuries that should not be overlooked.
What is the Occupier’s Liability Act in Alberta?
The OLA is legislation that sets out obligations for people who own or manage property. Specifically, it provides details on the legal obligations property owners/managers have upon them. This includes keeping a property safe for its intended use and also when an occupier of a property might be liable for an injury that occurred on the premises. The OLA also defines an “occupier” as a party and this may be an individual or a corporation. The occupier is in physical possession of the premises and has responsibility for things like the condition of the premises, activities conducted on the premises as well as people allowed to enter the premises. A visitor on the other hand is someone who is on the premises that has been invited, permitted by the occupier to be there or permitted by law to be on the premises. The OLA does not apply to employees.
Under the OLA, occupiers owe a duty of care to ensure the premises are safe. This duty also requires an occupier to take reasonable steps to prevent injury and harm to patrons who visit the premises. This duty of care applies to not only the condition of the premises but also to activities conducted on the premises as well as any third parties on the premises. This piece of legislation is especially crucial for slip and fall lawsuits.
How do slip and fall lawsuits works in Alberta
If you have been injured in a slip and fall accident, there are several steps involved in initiating a lawsuit. Here is a breakdown of what these stages look like.
Stage 1: Prioritizing your health and road to recovery
The first and foremost objective following a slip and fall injury, is to prioritize your health and recovery. This means seeking medical help from medical providers. If you went to the hospital or a walk-in clinic to have your injuries assessed, it’s important that documentation gets shared with your family doctor. This kind of documentation is important when initiating a lawsuit for personal injuries.
Stage 2: Consult with a slip and fall lawyer and initiating your claim
After you have received medical attention for your serious injuries, we recommend you consult with our Calgary slip and fall lawyers for legal help. During this complimentary free consultation, a lawyer will review the details of your case and let you know if you have a claim worth pursuing. If you decide to hire us, we will then commence the next stage which is imitating a lawsuit. It is important
Stage 3: Investigating your claim
After engaging a law firm, your lawyer will commence investigating your claim. This process allows your legal team to understand what caused your injury, whose fault it was and what parties are responsible for the injuries. Any medical documentation, photos of the premises or contact information for witnesses will be important during this stage. After we have all this information, we will file a Statement of Claim to commence the lawsuit. The Statement of Claim will outline the compensation we believe you are entitled to, and it becomes our responsibility to prove why you deserve that compensation.
Stage 4: Questioning for Discovery
This stage is a chance for insurance defense lawyers to get to meet you and have a better sense of what your injuries are and what compensation they believe you may be entitled to. They may even request Independant Medical Examinations (IME) on top of the medical examinations our lawyers will have you undergo. Using information from medical experts, our lawyers will do our best to make sure you receive the compensation you are rightfully deserved. In some instances, you may reach a settlement at this point of the lawsuit stage. If not, we proceed onto mediation.
Stage 4: Mediation
Mediation is a type of alternative dispute resolution service where your slip and fall lawyer will meet with the insurance defense lawyers with an aim of negotiating a settlement. A mediator will be present as well as a court reporter during mediation and the aim is to reach a settlement for your claim.
Stage 5: Receiving your settlement
In most instances, settlements are typically reached during mediation. In the event a settlement cannot be reached during mediation, there is an option to proceed to trial. Trials can be long and take years to settle. While we can go to trial on your behalf, our goal is to make sure you receive meaningful compensation sooner than later so you can start focussing on your recovery.
Contact our Calgary slip and fall lawyers for your free consultation to see if you have a potential claim
At Preszler Injury Lawyers, we have been helping Canadians since 1959 get the compensation they deserve. During this time, we have amassed a great deal of knowledge in understanding the ins and outs of slip and fall claims.
If you were injured on someone else’s property as a result of their negligence, our Calgary slip and fall accident lawyers may be able to help you recover the compensation you deserve. Our lawyers are passionate about helping the people impacted by property owners’ negligence get the fair treatment and compensation they deserve. To receive a free case evaluation and learn if you may be entitled to receive compensation for your injuries, book your free initial consultation with our law firm today.
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