Premises Liability Lawyers Medicine Hat
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The people who own, manage, oversee, and control access to commercial and residential properties owe a duty of reasonable care to their lawful visitors. Customers shopping at a grocery store, mail carriers delivering packages to people’s residences, friends visiting a neighbour’s apartment complex, fitness enthusiasts working out at a gym, families attending an event at a sporting arena, and other Medicine Hat residents going about their regular activities should not be injured while visiting these kinds of commonplace locales.
People who own properties are responsible for their upkeep, oversee the activities conducted on them, or control access to them are considered “occupiers.” Their legal responsibilities to the safety of lawful guests are mandated by the province’s Occupiers’ Liability Act.
In accordance with this provincial legislation, occupiers are required to take the safety of their visitors into consideration in order to reduce the risk of injuries on their premises. As such, they should perform routine site inspections and maintenance, address any potentially dangerous hazards in a timely and efficient manner, and provide clear, visible signage warning guests of potential dangers on the property. For example, if a grocery store employee mops up spilled liquid in one of the aisles, the management should have protocols in place ensuring that a Wet Floor sign will be displayed right away. If they fail to ensure that these safety precautions are put into action, an unsuspecting customer could slip and fall on the hazard, sustaining injuries in the process.
Many injuries sustained on someone else’s premises are the result of slip and fall accidents. Depending on numerous factors, including the age of the person involved in the accident and the conditions of the accident scene, these incidents could have severe – even fatal – outcomes.
This is especially true for people who slip and fall on improperly cleared ice or snow on someone else’s property. These accidents frequently require visits to the emergency room. In fact, this province has the nation’s second-highest rate of hospitalizations caused by ice and snow-related accidents.
No one should be injured while simply carrying out their mundane, everyday activities. Unfortunately, when occupiers behave in negligent manners, unassuming community members can sustain serious injuries in slip and fall accidents, as well as:
- 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
By working with our Medicine Hat premises liability lawyers, survivors of accidents on someone else’s property could be able to recover the maximum amount of compensation they deserve for their injuries. To learn about options for financial compensation you might be entitled to pursue, schedule a free initial consultation with our premises liability lawyers serving Medicine Hat by calling us today.
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It is not always clear who is responsible for accidents that occur on someone else’s property. That is why, if you were injured while visiting a commercial or residential property owned or operated by another party or entity, you might benefit from a free initial consultation with our Medicine Hat premises liability lawyers. To review your options and learn about courses of action you may be able to undertake to recover compensation for your injuries, 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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