Slip-and-Fall Accidents in Manitoba: Liability, Obligations, Negotiating, and Suing
A slip-and-fall accident can happen to anyone at any time. No matter how careful we are, hazardous conditions can pose a significant threat to our safety, leading to severe injuries, medical expenses, loss of income, and even permanent disability.
If you have sustained an injury due to a slip-and-fall accident in Manitoba, you need to understand your legal rights and responsibilities. This article will cover the essential topics related to slip-and-fall accidents in Manitoba, including liability, obligations, negotiating, and suing.
Duties Owed by Property Owners and Occupiers
According to the Manitoba Occupier Liability Act, property owners and occupiers owe a duty of care to anyone who enters their premises. This duty of care requires them to ensure that their property is reasonably safe and that they do not expose others to an unreasonable risk of harm.
Property owners and occupiers are responsible for regularly inspecting their property, identifying potential hazards, and taking action to prevent accidents from occurring. Failure to uphold this duty of care can result in liability claims.
Assumption of Risk
An assumption of risk can sometimes be a defense in slip-and-fall accidents. An assumption of risk is the idea that the injured party may be partly responsible for their injuries because they willingly accepted the danger.
It can be either an implied assumption or a written agreement. An example of implied assumption is when someone enters a swimming pool that has no lifeguard on duty and risks drowning.
In such cases, the injury victim may have implicitly accepted the danger and cannot hold the property owner or occupier responsible for their injuries. A written agreement is a case where a contract specifies the potential risks associated with an activity, and the person engages in that activity acknowledging those potential risks.
What to Do After a Slip-and-Fall Accident
After a slip-and-fall accident, it is essential to take steps to protect yourself and your legal rights. The following are some actions you can take:
1.
Legal Experts: Seek the help of legal experts who specialize in slip-and-fall accidents. They can assess your case’s strengths and weaknesses and provide guidance on how to proceed.
2. Render Assistance: If possible, render assistance to anyone who is injured and call for medical help.
3. Gather Evidence: Collect evidence of the accident, including photographs, witness statements, accident reports, and medical records.
4. Report Accident: Report the accident to the property owner or occupier as soon as possible.
5. Contact Insurer/Attorney: Notify your insurer and contact an attorney to understand your legal options.
6. Regular Inspections: Property owners and occupiers should conduct regular inspections to identify any potential risks and address them promptly.
What Victims Should Do After a Slip-and-Fall Accident
As a victim of a slip-and-fall accident, you need to take specific actions to ensure that your legal rights are protected. Here is what you should do:
1.
Seek Medical Attention: Seek medical attention as soon as possible, even for minor injuries. 2.
Report Accident: Report the accident to the property owner or occupier and document the conversation. 3.
Collect Evidence: Gather evidence of the accident, including photographs, witness statements, accident reports, and medical records. 4.
Notify Occupier: Serve notice to the property owner or occupier within two months of the accident. 5.
Serve Notice: Serve notice to the property owner or occupier of your intention to file a liability claim within two years of the accident.
Proving Liability in Slip-and-Fall Accidents
Proving liability in a slip-and-fall accident can be challenging. The burden of proof lies with the victim or their legal representative.
To successfully prove liability, the victim needs to show:
1. Breach of Duty: The property owner or occupier breached their duty of care.
2. Reasonable Care: The victim exercised reasonable care and caution.
3. Hazardous Conditions: The property owner or occupier failed to address hazardous conditions on their property.
Negotiating a Settlement
Negotiating a settlement is an option that both parties may consider to avoid going through a lengthy and costly court proceeding. If you are considering negotiating a settlement, the following tips may be helpful:
1.
Evidence: Gather evidence of the accident, including medical records, witness statements, and photographs. 2.
Calculate losses: Calculate your losses, including medical bills, lost wages, and pain and suffering. 3.
Consult with an Attorney: Consult with an attorney to understand your legal rights and determine a fair settlement amount.
Compensation for Damages
Compensation for damages in slip-and-fall accidents can vary depending on the circumstances of the accident. Victims may be entitled to receive compensation for:
1.
Pain and Suffering: Compensation for physical and emotional pain and suffering. 2.
Maximum Amount: There is a maximum limit for pain and suffering, which is $392,500. 3.
Other Damages: Other damages may include medical expenses, lost wages, and property damage. Small Claims Court vs.
Court of Queen’s Bench
Small claims court may be a viable option for victims seeking damages less than $10,000. Small claims court is a simplified process that can help you recover your losses without the need for a lawyer.
However, if the amount sought exceeds $10,000, hiring a lawyer and taking the case to the Court of Queen’s Bench may be necessary.
Limited Duty of Care
Property owners may have a limited duty of care for certain activities occurring on their property, such as minors playing, off-road vehicles, and agricultural land. In such cases, the property owner’s liability may be reduced if they have met specific requirements outlined in the law.
Contractor Liability
Contractors who perform work on a property may have a duty of care to ensure that the work does not create hazardous conditions. Property owners may be liable for the conduct of independent contractors, even if they did not know about the hazardous conditions.
However, some liability exemptions may apply.
Conclusion
In conclusion, slip-and-fall accidents can occur in a variety of settings and can result in significant injuries. Understanding your legal rights and responsibilities can help you recover your losses, receive appropriate compensation, and hold the responsible parties accountable for their actions.
Seeking legal guidance can provide you with the tools and knowledge needed to navigate the complex legal system and achieve a favorable outcome. Slip-and-fall accidents are a common occurrence that can result in severe injuries, medical expenses, loss of income, and permanent disability.
This article outlines the essential topics related to slip-and-fall accidents in Manitoba, including duties owed by property owners and occupiers, assumption of risk, what to do after an accident, proving liability, negotiating a settlement, compensation for damages, small claims court vs. court of Queen’s Bench, limited duty of care, and contractor liability.
Understanding your legal rights and responsibilities can help you protect yourself and hold accountable those responsible for slip-and-fall accidents. Seeking legal help can provide you with the knowledge and tools you need to navigate the complex legal system and achieve a favorable outcome.