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Understanding Occupier’s Liability in Alberta: The Implications of a Slip and Fall
posted in: Personal InjuryThe concept of liability can be confusing. In the aftermath of a slip and fall accident, you may be concerned about whether you should receive any compensation for your injuries, especially if you were injured on someone else’s property. There are many technicalities involved in injury claims under Alberta’s Occupier’s Liability Act, and the personal injury lawyers at KMSC Law can help you understand if you have a valid claim.
What is the Occupier’s Liability Act?
When a slip and fall injury occurs on property occupied by an individual or business, Alberta’s Occupier’s Liability Act provides guidance on the liability of the occupier. It defines scenarios where a duty of care is owed to the injured individual. If a duty is owed, it determines whether that duty has been breached, resulting in the occupier’s liability for your injuries.
Consider the following scenario. You are walking into your favourite grocery store on a cold December morning. Just as you are about to enter through the automatic doors, your foot loses its grip on a patch of ice, and you hit the pavement, immediately injuring yourself. If the grocery store failed to de-ice the sidewalk, they would have breached their duty of care owed to you resulting in liability. However, if the ice had just formed and the opportunity to respond to the ice was not present, it may be determined that the company did not breach their duty because it would not be reasonable to assume that the business could have salted the sidewalk between the time that the ice had formed and you slipped. Additionally, the type of shoes you were wearing, the current weather conditions, and the speed to which you were travelling at are also considerations that affect the outcome of attributing liability.
Before moving into the details, it is important to understand some of the terms in Alberta’s Occupier’s Liability Act. To qualify as an “occupier” under the Occupier’s Liability Act, an individual must either be in physical possession of the premises or be the party that is responsible for and has control over the activities taking place on the premises and the persons allowed to enter onto the premises. There can be more than one occupier in Alberta (i.e., if there is a location that is rented for either residential or business reasons, both the renting party and the property owner may be considered occupiers at the time of the incident).
To fall within the defined standards of a “visitor”, an individual must be lawfully present. This status can be obtained by establishing a right to entry or by receiving implied or express consent. If presence on the property becomes unlawful after entry, the individual need only prove that reasonable steps to leave have begun to maintain visitor status. For example, if you are unaware that your presence is unlawful, and you are injured in a slip and fall after you have been asked to leave, there is still a possibility that the occupier may be liable for your injury depending on whether the premises, at the time, were considered “reasonably safe”.
Understanding Duty of Care
One notable takeaway from the Occupier’s Liability Act is that the duty of care owed by an occupier is met if the premises are “reasonably safe” for the purposes that the visitor is invited and permitted to be there. This provision requires that the occupier do his/her best to provide a safe environment, within reason. Looking back to the grocery store example, the business is expected to tend to icy sidewalks, but the expectation is not that there is never ice present (perfection) but that the ice is dealt with in a timely manner (reasonable).
As the statutorily imposed common duty requires occupiers to ensure that the condition, activities, and conduct of third parties on their premises meet the “reasonably safe” standard, occupier’s liability cases are often determined on a case-by-case basis considering all relevant factors and contextual aspects.
Though many unavoidable risks are present in our day-to-day lives, there is comfort in knowing that occupiers have a legal responsibility to protect, within the bounds of the legislation, visitors from reasonably expected risks to themselves and their property.
Important Considerations when Assessing Liability:
Though the Occupier’s Liability Act does provide a basis for establishing liability, there are a few considerations that are worth noting.
- “Reasonably safe” is a broad term and its meaning changes with the context. For an occupier to limit liability, all circumstances must be considered (natural elements, type and/or amount of foot traffic, knowledge of the risk, attempts to resolve the risk, etc.). These are all elements that may change the course of a liability action.
- A duty of care is not owed to a trespasser unless that loss or injury was caused by the occupier’s wilful or reckless conduct. If a slip and fall occurs on a premises that you are legally not permitted to be on, it may be challenging to find the occupier liable for your injury or loss. However, if your slip-and-fall or trip-and-fall occurred on the premises of a business, it is almost certain you were permitted to be there.
- Liability extends to the destruction, loss, or damage of personal property. This property can be owned by the visitor or owned by another person.
- The Contributory Negligence Act applies under the Occupier’s Liability Act. What this means is that fault is apportioned or distributed among all parties involved based on the degree to which each person was at fault. This is an important factor as the actions of the visitor are considered in assessing the degree of liability imposed on the occupier(s).
- Just because an occupier issues a warning does not merit a full discharge of liability, unless it can be proven that the warning is enough to ensure the visitor is “reasonably safe”. As a visitor, it is not your responsibility to identify all risks present. However, it is important to ensure that you are acting reasonably in the circumstances.
Alberta’s Occupier’s Liability Act ensures that if you slip and fall on someone’s property, and the injury and/or loss experienced is due to the occupier’s failure to provide a “reasonably safe” environment, there is an opportunity to hold the occupier liable for your losses.
KMSC Law Can Help
If you’ve suffered a slip and fall injury, seeking legal representation is crucial to protecting your rights and obtaining rightful compensation. The experienced Injury Law Team at KMSC Law are dedicated to assisting Alberta residents who have been injured due to negligence.
We offer free consultations to discuss your case, assess your options, and guide you through the legal process. Our team works on a contingency fee basis, meaning you pay nothing unless we win your case. Contact KMSC Law today to learn how we can help you navigate your claim.
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