Premises Liability Lawyers Grande Prairie
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The places we visit on a daily basis should be safe. No one should run the risk of being injured simply by walking down a grocery store aisle, entering a residential building, walking down a flight of stairs, or carrying out any other routine activity on someone else’s property.
Unfortunately, when the people or organizations who own, manage, oversee, maintain, or control access to commercial or residential properties fail to live up to their legal obligations, unsuspecting guests can be seriously injured. Depending on the circumstances, victims of accidents on someone else’s premises could even lose their lives.
In accordance with the Alberta Occupiers’ Liability Act, people and organizations who own commercial or residential property, are responsible for its upkeep, control access to it, or oversee the activities conducted thereon owe a duty of care to their lawful visitors. If these occupiers fail to meet their responsibilities to the safety of others, tragic, injury-causing events can occur, including:
- Slip and fall accidents
- Trip and fall accidents
- Accidents caused by improperly cleared ice and/or snow
- Maintenance hazards that have not been adequately addressed
- Dog bites and attacks
- Lack of security personnel on-site
- Escalator or elevator malfunctions
- Schoolyard accidents
- Amusement park accidents
- Swimming pool accidents
- Unaddressed fire hazards
- Improperly cleared fire exits
- Lack of fire safety protocol
- And more
In order to fulfill their duty of care, occupiers must engage in various preventative measures to reduce the risk of potential accidents on their premises. For example, hiring a landscaping company to clear the walkways outside a residential apartment building following heavy wintertime snowfalls could prevent tenants, their visitors, postal workers, and passersby from sustaining injuries in avoidable slip and fall accidents. As it happens, this province has the second-highest rate of hospitalizations resulting from accidents caused by ice and snow.
By failing to address potentially dangerous maintenance hazards, repair on-site issues that could easily cause accidents, or provide guests with adequate warnings about unsafe features on the premises, property occupiers could be considered negligent. If this negligence leads to an accident in which an unsuspecting visitor sustains injuries, the at-fault occupier could be liable for damages they have incurred as a result.
Many people who sustain injuries on someone else’s property inherently blame themselves and their own lack of attention for their accidents. However, in many scenarios, the negligence of another party altogether is, indeed, responsible. By holding these at-fault individuals or organizations accountable for their negligence, injured accident victims might be able to recover the compensation they are rightfully owed.
Our Grande Prairie premises liability lawyers are passionate about helping members of the local community get the fair treatment they deserve. If you were injured on someone else’s property and want to know more about how our premises liability lawyers serving Grande Prairie may be able to assist you, call us today and receive a free initial consultation.
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By taking advantage of a cost-free, no-obligation initial consultation, you could learn about ways in which our Grande Prairie premises liability lawyers may be able to help you get fair treatment and fair compensation for your injuries.
We are standing by to take your call. To book your free initial consultation with our premises liability lawyers serving Grande Prairie, 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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