WHAT IS A SLIP AND FALL ACCIDENT

A slip and fall, or trip and fall, is any event in which a person’s surroundings cause them to lose balance and impact the ground or another object. Depending on the location and circumstances of the accident, a slip and fall can cause serious bodily harm. For this type of injury to open a legal action, however, negligence of the property owner must be proven.

WHERE SLIP AND FALLS OCCUR

Alberta’s harsh winter months can make the simple task of walking a serious danger. While icy paths are the most common cause of injury causing falls, they are not the only one. Slip and falls can occur anytime of year, inside or outside. Some environmental hazards to look out for  include;

• Wet or Polished Surfaces
• Uneven Flooring and Steps
• Potholes or Broken Pavement
• Scattered Store Merchandise
• Cracked Sidewalks
• Poor Lighting

WHAT TO DO AFTER A PUBLIC FALL

Statistics Canada documents over 1.7 million yearly falls in Canada. These falls make up 40% of all Canadian injuries. Being such a widespread occurrence, it is important we understand how
to manage the aftermath of a slip and fall accident.

1. Gather Evidence
   In an attempt to not be held liable, the property owner will try to move blame onto you. It is for this reason that it is imperative that you or a 3rd party gather as much information as possible.
   • Take photos of the accident location from all angles and many distances. You must include the hazard that caused the fall.
   • Your footwear will come into question. Take photos of both the top and bottom of your shoes.
   • If your fall was seen by a passerby, ask for their contact information. Having a witness to your fall will make the claim process more straightforward.
   • As time goes on the events that lead to the fall may start to fade. When possible, create a summary of the accident. Note down time of day, weather conditions, any warning signs, along with what made you fall.
   • The incident may have been recorded by surveillance cameras. Scan the surrounding area for any recording devices. If cameras are found, approach the property owner and kindly request that the recording be preserved.
2. Report the Fall (If Necessary Notify Government)
   You must report this incident to the owner or manager of the property.
   • Describe the circumstances that lead to your fall but do not admit fault.
   • Take down the contact information of the property owner/manager and request a copy of an incident report if they have completed one.
   • If your fall was seen by a passerby, ask for their contact information. Having a witness to your fall will make the claim process more straightforward.
   • As time goes on the events that lead to the fall may start to fade. When possible, create a summary of the accident. Note down time of day, weather conditions, any warning signs, along with what made you fall.
   • The incident may have been recorded by surveillance cameras. Scan the surrounding area for any recording devices. If cameras are found, approach the property owner and kindly request that the recording be preserved.

   A fall on public property in Alberta (sidewalk, street or government managed location), requires that you send written notice to the responsible government within 21 days.

3. See a Doctor
   It is important to see a doctor after any accident, even if an injury is not apparent. Many times symptoms don’t start appearing until some time after the incident. A doctor knows what to look for and will start the documentation process, increasing your chances at a speedy recovery. Trip and falls can cause soft tissue damage, cuts, and sprains. In more serious instances they have been known to cause;
   • Head Injuries and Concussions
   • Neck and Spinal Cord Injuries
   • Broken Bones and Fractures
   • Joint Dislocations (Shoulder and Elbow)
4. Contact a Lawyer
   It can be overwhelming being injured and not knowing what your next steps are. This stress is compounded when looming deadlines threaten your ability to file a legal claim.
   It is recommended to consult with an Alberta personal injury lawyer to guarantee you are taking the needed actions at the right time.
   Affinity Alberta offers a free, no-obligation consultation. Give us a call at 780-938-1147.

WHO IS RESPONSIBLE FOR MY FALL?

The group of laws that govern slip and fall accidents in Alberta is called the Occupiers Liability Act. It states that owners of both public and private property are responsible for the safety of all visitors. This is known as “duty of care”.

To maintain “duty of care”, property owners must keep their premises free from reasonable and foreseeable dangers.

HOW TO PROVE LIABILITY

A successful slip and fall accident claim requires proof. It is important that you document the scene of the accident as well as report the fall to the property owner/manager. Evidence showing that the property owner did not take necessary steps to ensure your safety will build a more substantial claim.

It is your responsibility to provide evidence that shows that the cause of your fall was due to the property owner’s carelessness.

When it comes to attributing blame, judges may decide to give a percentage of it to you. This concept is known as contributory negligence and accounts for any responsibility you may have had in the accident. With this in mind, do not give information that may be used against you. If you are unsure of what to say, contact an Alberta injury lawyer.

DO I NEED A LAWYER?
Pursuing compensation for pain and suffering is your legal right.

Retaining an attorney is the only way to obtain the most favorable outcome in any given legal matter. Although this is a fact, retaining legal counsel may not be necessary.

If after your slip and fall accident you have not sustained any physical, emotional, psychological or financial losses, a car accident lawyer may not be for you.

On the other hand, if you are experiencing any negative consequences caused by a slip and fall – A lawyer is the right choice.

HOW CAN A LAW FIRM HELP ME?

Affinity Law supports your medical and financial recovery.
We communicate directly with your doctor’s office to ensure you receive focused care. Through years of experience we know which treatments are necessary and available to you. And despite insurance companies, we will make sure they remain available.

Being a well established law firm allows us to arrange specialist assessments and medical imaging. Along with furthering recovery, these medical proofs serve as strong evidence for your legal claim.

A slip and fall accident causes financial strain. Injuries from a slip and fall commonly force people to modify their professional duties – or to stop them all together. Affinity Alberta is resolved to recover all possible financial loss incurred during this time.

We work to recover;

•  Medical expenses
• Expenses related to both short- and long-term care
• Damages for ‘pain and suffering’
• Loss of income and opportunity
• Losses related to your business
• Damages for on-going or permanent disabilities or disfigurement
• And any other out-of-pocket expenses due to the accident

Retaining our legal services means having a whole team looking out for you. Reach out for your free consultation.