The short answer is: no. Under Alberta law, the homeowner cannot be held liable for these types of accidents, at least not under the municipal bylaw asking them to clean the sidewalks alone.
In which cases are property owners responsible for accidents on their property?
Generally, the homeowner cannot be held liable for anything beyond the breach of a municipal bylaw, though there are a few niche exceptions.
What makes a slip-and-fall claim successful?
You’ll have to be able to prove that your injury took place on someone’s private property and that it was their actions that caused you to get injured. Statistics in Alberta show that the main causes for slip-and-fall accidents are drop-offs, hazardous public walkways, lack of fencing around construction projects, wet floors, uneven groundwork and unsafe stairwells.
These types of claims pile up around winter time, where ice and snow prove to be an extra hazard, but due to things like potholes, accidents also occur throughout the rest of the year. Next, you will have to be able to prove that you’ve sustained an injury due to the fall. This will include providing medical records of your injury and clear evidence that you’ve lost something, whether that be income during a leave you were forced to take from work, or any long-time consequences like chronic pain.
When can property owners be held responsible?
If the property owner can prove that they’ve tried to remove the hazard that caused your injury, they cannot be held accountable. Similarly, if they couldn’t have been aware of the danger or could’ve done nothing to remove the dangerous conditions, they will also not be held liable. However, if the opposite is true, they can be held responsible.
What happens if the injury happens on city property?
A municipality or city has different responsibilities regarding potential hazards. To have a claim be successful in a situation like this, you will have to be able to prove that “gross negligence” led to your injury which can be difficult.You will also have to contact the municipality in a 21 day period, otherwise your chances are less to none unless your specific case falls under one of the few exceptions. A personal injury lawyer in Red Deer will be able to help you with this.
Just like they will be able to help you with any paperwork or insurance company calls that may head your way. If you’d rather focus on your recovery and feel like your rights and interest are in good hands, you should seek to get a free consultation with a personal injury lawyer before you hire them.