What to Know About Winter Slip and Fall Claims in Alberta
Winter weather is coming, and it can be dangerous for outdoor activities. Ice and snow on the ground can cause people to slip and fall, and even a chinook can cause a slippery thawed and frozen surface. It is important to take precautions when walking outside in the winter to avoid getting hurt, but sometimes accidents still occur due to someone else's negligence. If that happens, there are people available to help.
Who Is Sued in a Slip and Fall?
It is important to be aware that if you are injured after slipping on ice or snow, it does not necessarily mean you will automatically be successful in your lawsuit. Certain factors need to be considered, such as if you took the appropriate steps to avoid a fall, like wearing the right shoes or being aware of potential risks.
In addition, the homeowner of the property next to a sidewalk has a responsibility to clear it of ice and snow within a certain amount of time, which varies by municipality. If you slip and fall on an icy sidewalk, you may sue the homeowner, but if the fall is on municipal property, you may be able to file a claim against the municipality.
Checking for Injuries after a Slip and Fall
If you slip and fall on the ice, it is important to take the time to assess the situation. Even if you don't think you have been injured, you should still look for signs of injury. Don't just brush it off and try to walk away. Pay attention to any pain or discomfort you feel, and document any injuries you have sustained. If necessary, seek medical attention to ensure your injuries don't become more serious.
Statute of Limitations in Alberta
The statute of limitations is a legal concept that specifies the amount of time a person has to take legal action following an incident. Generally, when filing a lawsuit against a private homeowner, you have up to two years to do so; however, if the lawsuit is against a municipality, the time frame for filing must be within 21 days.
Those three exceptions may apply in the event of death, a reasonable excuse for notifying the municipality or the municipality waiving the notice requirement. It is important to understand the time limits for filing a lawsuit and to act quickly.
What to Do If You Get Injured in a Winter Slip and Fall
The outcome of any situation is heavily reliant on the facts. If you have been hurt from a fall, you must get medical care as soon as possible to ensure your health and well-being. Additionally, it is key to start collecting evidence right away. If anyone saw the fall, ask them to write a statement. If medical care is necessary, ask for a contact number to catch up with them later. It is important to take pictures of where the fall occurred as soon as possible, as the conditions can change over time. Ask someone else to do it for you if you cannot take a photo.
It is important to know Alberta's laws and regulations related to slip and fall claims. When filing a claim, it is important to know the various time limits and restrictions. Those injured in a slip and fall accident must document the incident and obtain any necessary medical attention as soon as possible to ensure their claim's success.
Hamilton Cahoon is an association of independent practices serving Medicine Hat and the surrounding area that practices law in matrimonial or family law, estate planning, civil litigation, corporate, real estate, and personal injury law. We can assist you in all your legal matters, including personal injury claims, ensuring that you have the right guidance and information and know what to expect. If you need slip and fall lawyers in Medicine Hat, call Hamilton Cahoon now!