Regardless of your age or fitness level, there is a good chance you have tripped, slipped, or fallen unexpectedly – and likely more than once. An unsuspecting wobbly step, wet floor, or icy sidewalk blanketed under a sheet of snow are often to blame. A trip and fall accident might cause little more than some surprise and embarrassment, if you’re lucky. On the flip side, these types of accidents can result in very serious injuries such as broken bones and concussions, or even loss of life. Statistics from the Canadian Institute for Health Information (CIHI) reveal that out of every 100,000 Albertans who visit a hospital for slip and fall injuries, approximately 41 are hospitalized, and approximately 219 die each year. The rate for trip and fall accidents is especially high in Alberta, with our province ranking second highest in Canada. In many cases, the cause of injury is the result of another person’s negligence. If you have been injured in a trip and fall accident that was not your fault you may be eligible to make a claim for compensation. At Litwiniuk & Company, our Calgary trip and fall accident lawyers can help you get access to the treatment and benefits you need, so you can get your life back to normal.
Common Causes for Trip and Fall AccidentsAlberta weather is undoubtedly a significant contributor to trip, slip, and fall accidents that occur outdoors. But this is just one factor and these types of accidents can happen anywhere, at any time. The most common causes include:
- Lack of ice removal or salting of walkways, driveways, or stairs;
- Sidewalks, driveways, and steps that have not been cleared of snow; Stairs that are uneven, unmarked, or not up to code;
- Wet floors in stores, restaurants, or other public establishments; and
- Uneven or damaged sidewalks or paths.
How Can a Calgary Trip and Fall Lawyer Help?Depending on the degree of your injuries, you may need hospitalization, surgery, chiropractic care, physiotherapy, crutches or other medical supplies, and prescriptions. Many of these services are not covered by Alberta Health Care (AHC) and may only be partially covered by your insurance or benefits provider, if such coverage is even available. You may have to pay personally for certain medical expenses. You may also be required to take time off work while you recover, which could mean further loss of income. If you were injured in a trip and fall accident that was not your fault, you shouldn’t have to suffer financial loss or pay out-of-pocket to get treatment. A Personal Injury Lawyer will be able to determine if you are eligible to make a claim for compensation. It won’t cost you a thing to get expert legal advice from our Calgary trip and fall accident lawyers. And if you do choose us, we don’t get paid until you get paid.
Injured in A Trip & Fall Accident? Who’s liable?If you were injured in a trip, slip, or fall accident on someone else’s property – including your neighbour’s sidewalk, a shopping centre, your workplace, a home you rent, and other public use areas – you may be able to make a claim. It is ultimately the responsibility of the owner or the person in charge of the property to take precautions against slips and falls by maintaining safe premises. Alberta’s Occupier’s Liability Act states that: “An occupier of a premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that each person entering on the premises and the property brought on the premises by that person are reasonably safe while on the premises.” The Act goes on to define an occupier as:
- a person who is in physical possession of premises, or
- a person who has responsibility for, and control over, the condition of premises, the activities conducted on those premises and the persons allowed to enter those premises, and for the purposes of this Act, there may be more than one occupier of the same premises.
- Property owners;
- Property managers;
- Construction companies or workers;
- Property service companies or workers such and landscapers or snow removal companies;
- Business owners;
- The Municipal, Provincial, or Federal Government.