Premises Liability Lawyers Lethbridge
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Accidents can happen anywhere, even in places that should be safe for the general public. People sustain injuries in accidents on both commercial and residential properties that are owned and overseen by other parties or entities. These can include grocery stores, parking lots, fitness centres, sports venues, restaurants, local retailers, office buildings, apartment complexes, private residences, and many others.
Although it may not be apparent in the immediate aftermath of an accident resulting in personal injuries, traumatic, injury-causing events on premises owned or managed by a third party are often the result of someone else’s negligence. This can be a difficult concept to grasp as, in many cases, the at-fault party may not have even been on the property at the time of the accident.
However, according to the province’s Occupiers’ Liability Act, occupiers owe a duty of care to their visitors. In this context, the term “occupier” refers to a person or organization who:
- 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 the activities conducted on the premises
If a property’s occupier fails to uphold their legally mandated duty of care, they may be considered negligent and, by extension, liable for the damages incurred by the people injured on their premises. Property occupiers could shirk their duties of care by failing to repair potentially dangerous hazards on their premises, warn guests about the hazardous maintenance issues, or perform routine maintenance on-site, like snow removal. Indeed, improperly cleared snow and ice are responsible for many injury-causing accidents throughout the province each winter. In fact, this province has the nation’s second-highest rate of hospitalizations caused by ice and snow-related accidents.
By working with our Lethbridge premises liability lawyers, people who were injured on another person’s property may be able to recover compensation for injury-related damages. Our premises liability lawyers serving Lethbridge have experience helping accident survivors who have been injured in a range of circumstances, 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
As a result of another party’s negligence, people who were injured could – through no fault of their own – be forced to cope with the adverse physical, psychological, and financial consequences for years to come. Oftentimes, the people injured in these kinds of accidents struggle to recover the compensation and fair treatment they deserve.
However, by holding the negligent property owner accountable for their wrongful actions, our Lethbridge premises liability lawyers may be able to help you fight for your rights. To learn more, contact us today to schedule your free initial consultation.
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Our premises liability lawyers serving Lethbridge offer all prospective clients a free initial consultation in which we are proud to offer personalized, case-specific legal feedback. To learn about options for financial recovery that might be available to you, call our Lethbridge premises liability lawyers 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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