Both sidewalks and parking lots provide pedestrians with a fair amount of walking space. Still, two factors can limit their enjoyment of those same spaces. Those same factors increase the chances that some member of the public might slip and fall on a paved region.
What are those two factors?
One of them reflects the time of year and what has been forecast-ed by a local meteorologist. It is the snow and ice that can form on sidewalks or on the pavement in a parking lot. If not removed promptly, it can cause a pedestrian to slip and fall. The other factor relates to the condition of the sidewalk. Is it broken at points along its length? If so, then any of those points could become the sight for a trip and fall accident. If someone does trip or slip, then who can be held liable for any resulting injuries?
Can the property owner be held liable?
Businesses and organizations are supposed to ensure maintenance of the walkways in front of their place-of-business. If such walkways form a path on which snow might fall or one which ice might form, then those elements of nature have to be removed. The same rule applies to the parking lot at a retail store, a shopping mall, a school, an office building or a hospital.
Can a municipality be held liable?
If a woman in high heels were to lose her balance, while walking down a sidewalk, an attorney would find it hard to prove that the local government could be saddled with assumption of liability. That would only be possible if the attorney could somehow prove gross negligence on the part of the responsible party (the local government). If someone that is wearing a sturdy pair of shoes trips on an uneven payment, then a lawyer might have better luck, while trying to point an accusing finger at the municipality.
That example of gross negligence explains the legal determination of liability, following a trip and fall accident. What about an instance where someone slips on any icy section of pavement? How could gross negligence been shown in such a situation?
A municipality would be negligent if it ignored the snow or ice over which members of the public had to walk daily, and did that for a series of days. The same charge could be made if the officials running a municipality failed to arrange for removal of snow promptly at a spot over which members of the public are known to walk frequently. Finally, if a governed region of any size has failed to establish a process for sidewalk maintenance, it could be held liable for a slip and fall accident.
For what should the victims be compensated?
Each such victim would need to be compensated for pain and suffering and for medical expenses. They might have to be compensated for a loss of wages and that is why an Injury Lawyer in Spruce Grove will be able to help you.