Winters in Canada can be extremely slippery and dangerous for everyone. Especially in Alberta, where people often slip and fall on ice, several minor to lifelong injuries. Older people are always at risk, and sometimes, other people may be at fault for such incidents.
Therefore, it is not unusual to wonder whether you can sue after a slip and fall-on-ice injury. Often, you might end up finding that you can sue someone if you have slipped on ice or fallen on ice by proving their guilt.
In this article, we will see what you should do after such a bizarre accident.
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List of Injuries One Can Sustain from Slip and Fall on Ice
Generally, slip and fall on ice result in minor injuries. That does not mean that they cannot be serious. From simple cuts and bruises to breaking or fracturing a limb, you can sustain some injuries from slipping and falling on ice.
Two of the most serious injuries you might end up getting are related to your head and spine.
It has been recorded that older adults slipped and fell on a big and heavy ice rock that caused traumatic brain injuries. In addition to this, many people have suffered from spinal cord injuries after falling on solid ice.
These severe injuries from an unexpected accident can be costly to take care of. You will incur several billings, including hospital expenses, costs of medicines, potential loss of wages, and emotional pain and suffering.
Therefore, you must be prepared to know how to sue after such a slip and fall accident.
Determining Fault in a Slip and Fall on Ice Incident
Before you know how to sue someone in a slip and fall accident, you need to determine which party is actually at fault here.
You could sue the homeowner, business owner, or the city if they acted negligently by not clearing the sidewalks or the road from ice.
It is a legal obligation for property owners to clean their property from any hazardous elements.
Therefore, not keeping the property safe by cleaning the ice on the land can make them guilty of your slip and fall-on-ice accident.
So, what can you do to prove someone else’s fault in such a situation? The best thing to do is take pictures of the surrounding immediately after you have slipped on ice.
The reason behind this is that the conditions of the area can change within no time. Therefore, having photographic evidence can strengthen your case.
However, it is customary not to have a clear mind to take pictures after falling on ice. As a result, you should call 911 and ask for medical support for any injury. You can even call your attorney and ask for instant support.
How to Sue after a Slip and Fall on Ice
If you intend to file a lawsuit against the property owner, business owner, or even the city, you must consider a few factors beforehand. To prove the validity of your claim, you must consider the following things:
Awareness of the involved party
The first fact you need to get straight is about the party you intend to file a lawsuit against. You will have to prove that the property owner was negligent in cleaning the property area after a heavy snowfall.
In this regard, you can prove that any responsible person should have been aware of the danger from the heavy and deep ice.
Furthermore, proving a dispute can be another way to go at it. For instance, you may have an ongoing conflict with the business owner or the property owner.
In such a situation, you can prove that the other party deliberately kept ice on your way, which resulted in you injuring yourself from slipping and falling.
Establishing liability for commercial properties
If you want to sue a business or commercial property, you will need to prove quite similar points as private property.
To prove the liability of a commercial property, you must prove that the business owner or processor was responsible for keeping the road slippery.
The owner or processor must have been negligent in fulfilling their duty to keep a safe environment around the commercial boundary.
Moreover, it would help if you also looked to prove that the person hired by the business to clean the road was irresponsible in the first place. Here, the business should be blamed for illegal hiring.
Verifying your injuries
Be it minor or serious injuries, and you need to prove that they are legit. That means that you must be able to provide proper documentation supporting your injuries that are the basis of the lawsuit.
You should accumulate necessary medical bills, medicine prescriptions, consultation appointments, and any other relevant pieces of evidence.
In addition to this, your injuries must not be caused by yourself. You may even face punishment if the other party proves something like this.
Therefore, you must not be a contributor to the injuries you claim to have sustained from the slip and fall on ice.
How Long Do You Have to Sue after a Slip and Fall Injury?
The law says that you can sue within the next 2 years of the slip and fall injury. This time limit applies to home and business owners. However, it is slightly different if you want to sue the city.
If you wish to sue the city for the slip and fall injury, you must notify the city authorities within 10 days of the incident.
As a result, it is always recommended to call your attorney as soon as possible after a slip and fall. Your lawyer can guide you through the process with proper steps.
Slipping and falling on ice can be one of the most unexpected ways of injuring yourself. However, you do not have to go through it all alone.
There are ways in which you can sue after a slip and fall on ice. All you have to do is ensure that the incident is compliant with the three factors mentioned in the article.
Always seek lawyer support after such accidents.
Frequently Asked Questions
Can I File a Lawsuit for a Slip and Fall on Ice?
You can undoubtedly file a lawsuit for a slip and fall on ice. However, it is the responsibility of property and business owners to ensure public safety surrounding their properties.
How Long Do You Have to Sue after a Fall in Alberta?
You are eligible to use it within 2 years after a slip and fall injury in Alberta. However, you must file a report within 10 days of your injury from a fall if you wish to sue the city.
How are Slip and Fall Settlements Calculated?
The respective attorneys will calculate slip and fall settlements through negotiations. The lawyers will determine a value before the case goes to trial.
Are Our Slip and Fall Cases Hard to Prove?
There can be several reasons behind a slip and fall on ice. Negligence and irresponsibility are the two most common ones.
Therefore, you should have plenty of opportunities to prove your slip and fall case with the right guideline.