If you were injured from a fall, there are several things that will be very important. First, you must document exactly where the fall happened. Take pictures of the scene as soon as you can. Second, you must be able to show what the conditions of the premises were when the fall occurred. Third, insurance companies will almost always try to say that your footwear was the problem – so keep the footwear you were wearing and take pictures of them too.
The occupiers of any premises have a duty to keep any visitors reasonably safe. Stores must diligently keep their floors, stairways, and entryways safe. Homeowners must keep their homes safe, including keeping walkways free of slipping or tripping hazards. (Occupiers must also keep unexpected or unwanted visitors or trespassers reasonably safe.)
Stores, such as grocery stores, can discharge their duties to their visitors by keeping regular cleaning schedules and logs, and promptly dealing with any spills or unsafe situations. If you’ve fallen in a store, whether or not the store is liable for your injuries depends on the specific facts, which are not always easy to determine without using a lawyer.
Municipal property has special rules, and it can vary somewhat depending on the municipality. In Calgary, if you fall on a city sidewalk (this includes the sidewalks that run in front of private properties) you need to show that the City was grossly negligent, which typically means that for the City to be liable, the conditions must not only be dangerous, but the City must know that the conditions are dangerous, and then fail to do anything about it.
Also, if you fell due to conditions on city property you have a very short time to give the city notice or you can lose your claim.
What is my settlement worth?
First, DON’T even think about settling if you aren’t COMPLETELY recovered. Settling means you are going to sign a waiver that says you will not hold the other party liable for anything that arises in the future. Don’t settle unless you know the full extent of your injuries.
Second, it depends. The value of your claim will depend on the severity of your injuries, how your injuries affect you and your ability to live your life, and various other things that are different for everyone. A proper assessment of your damages will take time and skill.
But, before you can hope to get any settlement, you need to establish that the occupier of the property is liable for your injuries. If it isn’t completely clear who is at fault, you should get someone who can persuasively represent you.
You must commence legal action within two years of the date of the accident, or you will lose any claim. (And you have an even shorter time to take action if the injury was on treacherous city property.)
If you were injured on someone’s property, a personal injury lawyer can help. If you have any questions, or would like to consult with a lawyer, please contact us.
The occupiers of any premises have a duty to keep any visitors reasonably safe. Stores must diligently keep their floors, stairways, and entryways safe. Homeowners must keep their homes safe, including keeping walkways free of slipping or tripping hazards. (Occupiers must also keep unexpected or unwanted visitors or trespassers reasonably safe.)
Stores, such as grocery stores, can discharge their duties to their visitors by keeping regular cleaning schedules and logs, and promptly dealing with any spills or unsafe situations. If you’ve fallen in a store, whether or not the store is liable for your injuries depends on the specific facts, which are not always easy to determine without using a lawyer.
Municipal property has special rules, and it can vary somewhat depending on the municipality. In Calgary, if you fall on a city sidewalk (this includes the sidewalks that run in front of private properties) you need to show that the City was grossly negligent, which typically means that for the City to be liable, the conditions must not only be dangerous, but the City must know that the conditions are dangerous, and then fail to do anything about it.
Also, if you fell due to conditions on city property you have a very short time to give the city notice or you can lose your claim.
What is my settlement worth?
First, DON’T even think about settling if you aren’t COMPLETELY recovered. Settling means you are going to sign a waiver that says you will not hold the other party liable for anything that arises in the future. Don’t settle unless you know the full extent of your injuries.
Second, it depends. The value of your claim will depend on the severity of your injuries, how your injuries affect you and your ability to live your life, and various other things that are different for everyone. A proper assessment of your damages will take time and skill.
But, before you can hope to get any settlement, you need to establish that the occupier of the property is liable for your injuries. If it isn’t completely clear who is at fault, you should get someone who can persuasively represent you.
You must commence legal action within two years of the date of the accident, or you will lose any claim. (And you have an even shorter time to take action if the injury was on treacherous city property.)
If you were injured on someone’s property, a personal injury lawyer can help. If you have any questions, or would like to consult with a lawyer, please contact us.