Premises Liability Lawyers Lloydminster
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Many people blame themselves for injuries they sustain on someone else’s property. Immediately after slipping and falling in public or being involved in a different type of accident, most people are prone to feelings of embarrassment and shame, often doing their best to leave the scene of the accident as quickly as possible, rather than reporting the incident or considering that their injuries could have been caused by the negligence of another party altogether.
However, many accidents in Lloydminster are, indeed, the result of someone else’s wrongdoings. As it so happens, the people who own, control access to, oversee the activities of, or are responsible for maintaining commercial or residential properties have legal obligations to reduce the risk of on-site injuries.
According to the province’s Occupiers’ Liability Act, a property’s occupier is responsible for conducting routine inspections and maintenance, and taking preventative actions around the premises to ensure that injury-causing accidents do not occur. In the context of premises liability claims, an “occupier” could refer to:
- Landlords
- Homeowners
- Business owners and/or managers
- Tenants
- Property managers
- Landscapers
- Superintendents
- Security personnel
- And more
Occupiers should know about potentially dangerous hazards on their properties because they should regularly inspect the premises and address any potentially dangerous issues in a timely fashion. If an occupier knows about a hazard on-site – or should know about it – and fails to take appropriate actions to ensure it does not harm an unsuspecting guest, the occupier might be considered negligent. Therefore, they may be responsible for damages incurred by the injured accident victim.
Many injuries that occur on properties owned or overseen by other parties are the result of slip and fall accidents, in particular those caused by improperly cleared ice or snow. In fact, Alberta has the country’s second-highest rate of hospitalizations resulting from accidents caused by ice and snow.
However, many different kinds of traumatic, injury-causing calamities can occur as the result of a property occupier’s negligence, including those related to:
- 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
Occupiers should have insurance coverage to replace the financial losses incurred by accident victims as a result of the injuries they have sustained on their premises. Unfortunately, insurance companies do not always make it easy for the survivors of traumatic incidents to recover the compensation they deserve.
That is why, if you were injured on someone else’s property, you should consider taking advantage of a free initial consultation with our Lloydminster premises liability lawyers. By doing so, you could receive valuable, personalized information about options for financial recovery that might be available to you. Our premises liability lawyers serving Lloydminster may be able to help you hold the negligent parties accountable for their wrongful actions so you can get the compensation you deserve.
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Even though you might feel the impulse to blame yourself for your accident, your injuries might be the result of another party’s negligence. To learn how our Lloydminster premises lawyers may be able to help you recover compensation for your injury-related financial losses, contact us and book your free initial consultation 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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