Even though cities throughout Canada can charge homeowners with the duty to remove snow and ice from the walkways in front of their homes, homeowners are seldom made liable, if a passer-by slips and falls on an icy sidewalk. Why is that the case?
Weather can reverse the effects of shoveling and sanding. Still, there are rare times when an owner can be made liable for such injuries. That would be the case if the homeowner’s actions had represented an attempt to control the sidewalk.
Suppose that someone fell on a sidewalk that was located on public property?
In such a situation, the injured victim would need to prove gross negligence on the part of the government, in order to recover any damages. Victims that photograph the spot where the fall took place stand a better chance for winning their case.
What location features should be exposed in a victim’s photograph?
• Any wet surfaces
• Any drop-offs that might have encouraged formation of a puddle
• The absence of any warning signs
• The obvious presence of a hazard
The significance of special limitation periods
Different municipalities have different rules, regarding the time limit for filing a personal injury claim. In Alberta, victims must submit a statement that claims the sustaining of an injury. Statement must be in the hands of officials in municipality within 21 days of incident.
Actions to be taken by someone that slips and falls on government property
Seek medical attention. Be sure that the treating doctor documents the presence and nature of the acquired injuries. The government will insist on submission of such documentation.
Get pictures of the location. Be sure to include shots that capture the presence of an object that has aided the creation of an obvious danger.
Save the footwear worn that day, or take a picture of that footwear and date it. Lawyers for the defendant might claim that the victim’s footwear make it more likely that the passer-by would fall down. Speak with witnesses. If not well enough to talk with witnesses after falling, return to the location and seek out those that might have seen what happened. Talk with store owners, to see if any video footage might be available.
Save the receipts for all the purchases that aided the acquisition of medical supplies or medication. If you spent money on trips to the doctors or the clinic, get receipts that can prove the need for such an expenditure.
Hire a Personal Injury Lawyer in Spruce Grove. Lawyers can help with obtaining the necessary pictures or other documents. An injury lawyer can speak with witnesses. Most importantly, the lawyer’s familiarity with the local statute of limitations should keep you from missing an important, government-imposed deadline.