Slip and Fall Lawyers Red Deer
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Slip and fall accidents can result in serious injuries that require medical treatment, rehabilitation, and time away from work. These unexpected accidents can happen on commercial or residential properties, during any season of the year, and to any member of the local community.
Although slips and falls can happen to anybody, regardless of their age or physical condition, they can be particularly dangerous for older members of the population. Adults over the age of 65 are 9 times more likely to be involved in a slip and fall accident than younger accident victims. They are also more likely to be hospitalized or admitted to long-term care facilities because of the injuries they sustain during accidents.
In addition, slip and fall accidents (or trip and fall accidents) can be caused by a variety of hazards, often resulting from property owner negligence. For example, accident victims in Red Deer are often injured due to:
- Ice or snow accumulation on walkways, stairs, or parking lots
- Spilled liquids in grocery stores, restaurants, or malls
- Uneven flooring, loose mats, or broken tiles
- Poor lighting in hallways, stairwells, or building entrances
- Missing or broken handrails
- Failure to post warning signs near known hazards
- And more
No one should be injured while visiting residential buildings, shopping at grocery stores, returning to their vehicles in parking lots, or engaging in any other routine activity. If you were injured while visiting someone else’s property, our Red Deer slip and fall accident lawyers may be able to help you recover the compensation you deserve. To learn more about working with our slip and fall accident lawyers serving Red Deer, contact us today.
How is Liability Determined in Red Deer Slip and Fall Accidents?
Slips and falls can lead to extended periods of physical pain and discomfort, emotional and psychological trauma, and financial instability. While many victims of slip and fall accidents may instinctively blame their injuries on their own lack of caution, these accidents are frequently caused by another party or entity entirely.
According to the province’s Occupiers’ Liability Act, the people and/or organizations that own, maintain, oversee, and control access to commercial and residential properties owe a duty of care to lawful visitors. If a property’s occupier knows about a potentially dangerous hazard on their premises (or should know about it) but fails to take reasonable, timely actions to address it or warn their guests about it, serious accidents can occur. And when they do, negligent occupiers can be liable for damages incurred by injured victims of slip and fall accidents.
In the context of slip and fall accidents, negligence can include:
- Failing to remove hazards such as snow, ice, or spilled liquids in a timely manner.
- Failing to properly maintain the property (e.g., repairing broken stairs, fixing loose handrails, or paving over potholes in the parking lot).
- Failing to properly light areas where people walk.
- Failing to provide guests with warnings about potentially dangerous hazards.
- Failing to conduct routine inspections of the property and its features.
- And more
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How Slip and Fall Claims Work in Red Deer: Steps to Take
If you’re injured in a slip and fall accident and you wish to pursue a claim, there are actions you can take and steps you can expect to better prepare and protect yourself. Immediately after your slip and fall, you should:
- Seek immediate medical attention, even if your injuries seem minor
- Report the incident to the property owner or manager, if they are available
- Take photos of your injuries and the hazard that caused your accident, if possible
- Get the names and contact information of any witnesses present at the scene
- Keep all receipts and documentation of medical treatment or expenses after your accident
- Speak to a personal injury lawyer before speaking to any insurance companies
Once you reach out to one of our experienced slip and fall lawyers in Red Deer, we can advise you on whether you’re entitled to pursue a legal claim and how best to proceed. We’ll help you seek compensation after your accident for damages such as:
- Medical expenses (current and future)
- Prescription medication or assistive medical equipment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Out-of-pocket expenses
- Housekeeping and care costs
- And more
The value of your slip and fall case will vary depending on the severity of injuries and the degree of liability. A legal professional can help you calculate the maximum amount of compensation you may be entitled to, to ensure your settlement is fair. To find out more about your case, contact a member of our team in Red Deer today.
Slip and Fall Accidents in Red Deer: Frequently Asked Questions
How long do I have to file a slip and fall claim in Red Deer?
According to the province’s Limitations Act, accident victims generally have 2 years from the date of their incident to file a personal injury claim. For this reason, it is important to get in touch with a slip and fall lawyer as soon as possible after your accident to reduce the risk of losing your right to compensation.
Can I sue the City of Red Deer if I slip on municipal property?
Yes, it is possible to sue a municipality (i.e., the city of Red Deer) if you slip and public property. However, it’s important to remember that personal injury claims against municipalities have different time limits than other types of cases; you must notify the city in writing within 21 days of the incident to preserve your right to claim.
What if I was partially at fault for my fall?
In Red Deer and Alberta, the legal system follows a contributory negligence model. This means that, even if you were partially at fault for your accident, you may still be entitled to compensation. If you are found to be partially at fault, the amount of compensation you are entitled to may be reduced based on your level of responsibility.
Contact Our Red Deer Slip and Fall Lawyers For Help Today
At Preszler Injury Lawyers, our Red Deer slip and fall accident lawyers are passionate about helping the people impacted by property owners’ negligence get the fair treatment and compensation they are rightfully owed. With over 60 years of experience helping injured Albertans, we know how to craft a compelling claim that will ensure you’re compensated for the damages you’ve incurred.
We’ll help you:
- Gather crucial evidence
- Understand how Alberta’s Occupiers’ Liability Act applies to your case
- Calculate the amount of compensation you are entitled to, and what types
- Work with accident reconstruction experts
- Negotiate and communicate with all external parties, including negligent occupiers and insurance companies
- Present your case in court, if necessary
- And more
To receive a free initial case evaluation and learn if you may be entitled to take legal action against the negligent occupier whose wrongful conduct caused you to sustain injuries, book your free initial consultation with our slip and fall accident lawyers serving Red Deer.
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Commonly Asked slip and fall accident Questions
Here are our most asked questions on slip and fall accident claims.
What should I do after a slip and fall accident in Calgary?
If you are involved in a slip and fall accident in Calgary, your first priority is to ensure that you are safe and able to receive any medical attention or other assistance that may be required. After your immediate needs are met, you should identify the hazard that caused you to fall and any witnesses to the fall or the hazard. Photographs of the hazard are particularly helpful. The primary burden on a plaintiff to prove liability in a slip and fall claim is to show that the premises on which you fell was in a hazardous state.
What if I slipped or tripped on public property?
If you slipped or tripped on public property, it is important to contact a lawyer in a timely manner for advice on how to proceed. Some public property, such as hospitals or schools, may not have any special laws or rules that differentiate them legally from other premises occupiers. Some public property, such as municipalities, do. These special rules often involve reporting requirements – essentially telling the municipality about the slip or trip. These reporting requirements have deadlines measured in weeks rather than years and must be acted on quickly. If you have tripped or slipped on public property in Calgary, you can call one of our slip-and-fall accident lawyers for a free consultation.
Is there a time limit for bringing a slip and fall claim?
There are time limits for bringing slip and fall claims. The general time limit that applies to the majority of claims is two years, as set out in the Limitations Act, RSA 2000, c L-12. There are exceptions to this time limit, including for minors or people with a legal disability. There are also other time limits that may apply, such as notice provisions to be provided to a municipality if the slip and fall occurred on its property.
What makes a slip-and-fall case strong?
A strong slip-and-fall case has the following legal elements: a duty of care, breach of duty, causation of injury or damage, and substantial damages. A duty of care is owed by a premises occupier to users of the premises. A breach of that duty occurs when the premises is in a hazardous state that should have been prevented or fixed by the occupier. Causation is a logical connection between the hazard and your slip and fall – for example, the presence of ice caused you to slip. Substantial damages in a personal injury claim refer primarily to pain and suffering, wage loss, out-of-pocket expenses, or expected care costs.
How is compensation for slip and fall cases determined?
Compensation, or damages, are determined by dividing your case up into segments known as heads of damage. This includes specific quantification of:
- Pain and suffering;
- Past wage loss;
- Future wage loss;
- Out-of-pocket expenses;
- Expected future care;
- Loss of housekeeping capacity; and
- An in-trust claim for those who went above and beyond to care for you in your time of need.
What injuries commonly occur after a slip and fall accident?
Slip and fall accidents can result in orthopedic injuries such as broken bones or torn ligaments. Even without a broken bone, slip and fall accidents can cause back pain or neck pain, which sometimes becomes chronic. People can hit their head in a slip-and-fall accident and sustain a concussion or mild traumatic brain injury. Slip and fall accidents can also result in spinal cord injuries.
What is negligence in a slip and fall claim?
Negligence is a general legal term that was developed under common law to capture the duty of care that people owe to those who might reasonably foreseeably be injured by their actions. In slip and fall claims, we often deal with liability under the Occupiers’ Liability Act, RSA 2000. The duties created by both the common law of negligence and the Act are very similar and require an occupier to take reasonable care to make sure the premises are safe for visitors. If a visitor slips and falls because the occupier failed in this duty, the occupier is negligent.
Is a slip and fall accident the same as a trip and fall accident?
The legal analysis is the same for a slip and fall and a trip and fall accident. The difference is the mechanic of the fall and often the type of offending hazard. For example, you are more likely to slip on ice than on a bunched-up carpet, and you are more likely to trip on a bunched-up carpet than on ice. The key to both types of cases is whether the premises were in a hazardous condition and whether that hazardous condition caused you to fall.
What factors can impact the compensation for a slip and fall accident?
Both liability and damages impact the compensation for a slip and fall. Liability refers to fault. A slip and fall accident is a fault-based accident, which means the occupier must be at fault for you to get compensation. In a settlement, the parties will assess the risk of fault being found. In some cases, it is clear that there is a liability. In some cases, it is clear that there is not. Many cases fall into the gray area in the middle. How injured you are and how it affects the quantum of your damages also impacts your compensation. The bigger the damages, all else being equal, the bigger the settlement.
How can a personal injury lawyer help me with a slip and fall claim?
A personal injury lawyer is extremely important in a slip-and-fall claim. Slip and fall claims are technical. They can require specific reporting to the occupier. The analysis of the hazard and standard of care required of the occupier can be complex. Finally, the assessment of damages requires a legal opinion. Insurance company representatives are well versed in all these areas of the law, as are the lawyers they hire to defend the occupier. A personal injury lawyer on your side can help make things even so you may receive the compensation you deserve.
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