Slip and Fall Accidents on Prince Edward Island
Do you know what to do if you slip and fall while on someone else’s property? Slip and fall accidents occur frequently, and the injuries sustained can be serious.
In Prince Edward Island, as in other provinces, the
Occupier Liability Act governs the duties of a property owner or occupier to ensure reasonable safety for visitors. Additionally, criminal negligence charges can be filed in cases of recklessness, and civil action may be taken to recover damages.
Occupier Liability Act
The
Occupier Liability Act applies to all property owners and occupiers in Prince Edward Island. It prescribes a duty of care towards visitors, who can include tenants, customers, guests, and others legitimately on the property.
The duty of care requires the occupier to take reasonable steps to ensure that the property is safe and that visitors are protected from dangers that are known or should be known to the occupier.
For example, an occupier who knows that a stairway railing is loose and poses a hazard to visitors must take necessary measures to ensure that the hazard is corrected or that visitors are warned of the hazard.
Similarly, an occupier who knows that ice has formed on a walkway must take action to remove the ice or warn visitors of the potential danger.
Criminal Negligence Charges
If an occupier’s breach of the duty of care results in serious injury or death, criminal negligence charges may be filed. Criminal negligence involves a wanton or reckless disregard for the lives or safety of others and is an indictable offense under Canadian criminal law.
Recklessness refers to the conscious disregard for a substantial and unjustifiable risk. For example, if an occupier knows that a ladder has broken but continues to allow employees to use it for work without repair, the occupier is being reckless with the employees’ safety.
In such a case, the occupier can be charged with criminal negligence.
Damages and Recovery
If you have suffered an injury due to a slip and fall accident on someone else’s property, you may be entitled to compensation through a civil action. You can take legal action to recover damages such as medical bills, hospital bills, lost wages, pain, and suffering.
To recover damages in a civil action, you must establish that the occupier breached the duty of care, the breach caused your injury, and the injury resulted in damages. You must also act within the prescribed time limit for filing a lawsuit.
The time limit for starting an action is two years in Prince Edward Island. Owner/Occupier Duty of Care
The duty of care expected of an occupier applies to both the general condition of the property and the activities taking place on it.
The owner or occupier must make sure that the property does not pose any unreasonable danger to visitors.
Condition of the Property
The owner or occupier of the property is expected to take reasonable steps to maintain the property’s condition, keeping it safe for the visitors. This includes regular inspections to detect potential hazards like uneven flooring, spills and unsuitable fixtures.
Activities on the Property
The duty of care also extends to activities that take place on the property, as well as any dangers arising from those activities. For instance, if a business owner decides to undertake renovations on a property, the owner needs to take necessary precautions to ensure that the work does not create a hazard to the customers.
Willing Assumption Of Risk
An occupier might argue that you were aware of the danger and the hazard, and accepted the possibility of injury by willingly choosing to engage in the activity. Known as the assumption of risk defense, it can reduce or prevent a plaintiff’s chances of recovery.
If you know or should have known about a hazard and willingly choose to expose yourself to the danger, you might not have any legal right to recovery. The circumstances in which an assumption of risk defense would arise are where an occupier can prove that a person knowingly and voluntarily exposed themselves to a hazard.
In conclusion, property owners and occupiers have a duty of care to provide a reasonably safe environment for their visitors. They are responsible for taking reasonable steps to prevent accidents, such as maintaining the property and warning guests of potential hazards.
Prince Edward Island law allows you to seek financial compensation for injuries resulting from a negligent property owner’s actions. However, if your case involves negligence leading to a severe injury, the occupier may face criminal charges.
Always seek medical attention immediately after an accident and consult a personal injury lawyer for personalized guidance.
Criminal Negligence in Canada
Criminal negligence is a severe offense under Canadian criminal law. It entails wanton or reckless disregard for the lives or safety of others and can result in significant damage, including death, injury, or property loss.
The penalties for criminal negligence can include up to 10 years in prison, which underscores the gravity of this crime.
Definition of Negligence
Negligence refers to the failure to provide sufficient care or attention to an event or situation that leads to damage or injury. Criminal negligence occurs when a person acts with wanton and reckless disregard for the lives or safety of others.
For example, knowingly driving a car at an unsafe speed that is clearly beyond what is reasonable on a busy road could result in a criminal charge of negligence causing death or injury. Other examples include cases of medical malpractice, neglect of a vulnerable person, or workplace safety violations resulting in loss of life or injury.
Penalties for Negligence
Criminal negligence leading to death is an indictable offense in Canada, which means it is considered the most serious offense under Canadian law. A conviction for this crime may lead to penalties ranging from a few years to life imprisonment.
Less serious cases of criminal negligence not leading to death are considered hybrid offenses in Canada. This classification means that prosecutors may choose to enjoy summary proceedings or request indictments.
Penalties for hybrid offenses include fines, short prison terms, or community service.
Hybrid Offense
Hybrid offenses are criminal offenses that can be prosecuted either summarily or by indictment, depending on the severity of the case. Prosecutors have the discretion to determine whether a hybrid offense should proceed by way of summary conviction or indictment.
Summary conviction proceedings are less formal, less demanding in terms of evidence, and typically have lower penalties. Indictable proceedings are more formal and involve a more complex legal process, more evidence, and more severe penalties.
What to Do After a Slip and Fall on Prince Edward Island
Slip and fall accidents can be painful and often lead to injuries that require medical attention. If you slip and fall while in someone else’s property, there are specific steps you can take to protect your legal rights and ensure that you receive adequate compensation for damages.
Investigation and Documentation
One critical step to take after being involved in a slip and fall accident is to document the scene as quickly as possible. Take photographs of your injuries, the scene, and the hazardous condition that caused your fall.
Report the fall to the property owner or the occupier of the property promptly. If you are not in a position to take photos yourself, ask someone else to do it for you.
It is always better to collect as much information about what caused the slip and fall accident as possible.
Medical Care and Expenses
After documenting the scene, seek medical attention immediately. Even if you do not believe your injuries are severe, it is essential to be thoroughly examined and treated by a medical professional.
This will document your injuries and create a record that can be used later in a legal claim. Related to medical expenses finally, keep track of all payments you make out of your pocket and any expenses you incur related to the slip and fall accident.
This could include medical bills, rehabilitation costs, and lost wages.
Witnesses and Testimonies
Witnesses can be an important part of any legal claim resulting from a slip and fall accident. Take note of the names and telephone numbers of any witnesses present during your fall and get their testimonies.
Additionally, it is advisable to engage an attorney who would represent your best interests throughout the legal process. An attorney can help you to understand your legal rights, collect evidence, and build a strong case on your behalf.
In conclusion, after being involved in a slip and fall accident, it is essential to take appropriate steps to protect your legal interests and ensure your safety. Document the scene, seek medical attention, and engage an attorney to represent you.
By following these steps, you increase your chances of being adequately compensated for any damages and injuries arising from a slip and fall accident.
Liability and Fault After a Slip and Fall on Prince Edward Island
After a slip and fall accident on someone else’s property, determining who is at fault or liable can be complex. Generally, the property owner or occupier has a legal obligation to ensure that their property is safe for visitors.
However, there are situations where visitors may bear some degree of fault. This article will discuss how to prove negligence, apportioning liability, and shared blame or responsibility after a slip and fall accident on Prince Edward Island.
Proving Negligence
To hold the owner or occupier of a property liable for a slip and fall accident, you must prove that they breached the duty of care they owe to visitors. This breach of duty is the failure of the occupier or owner to take reasonable steps to ensure that the property is safe.
In a slip and fall accident, the injured person must prove that the owner or occupier knew, or ought to have known, about the dangerous condition on the property that caused the slip and fall. The individual must also prove that the occupier or owner failed to take reasonable steps to fix or warn of the dangerous condition.
To prove negligence, it is essential to have evidence. This can include photographs or videos of the dangerous area, eyewitness testimony, reports on past incidents with the same condition, and any maintenance logs.
Apportioning Liability
After proving negligence, the next step is apportioning liability. Liability refers to who is responsible for paying for the damages suffered by the injured party.
In some cases, the occupier or owner is entirely at fault, but in others, both parties may share liability. In Prince Edward Island, the courts use a system of “joint and several liability.” This means that if more than one party is responsible for the damages, each party can be held fully liable for the entire amount.
The injured person can then choose to pursue any or all of the parties to recover the damages owed.
Degree of Fault
When apportioning liability, the degree of fault each party played in the slip and fall accident is considered. This degree of fault can range from 0% to 100%.
If another party involved in the slip and fall accident also bears some degree of fault, their percentage of fault is subtracted from the compensation owed by the occupier or owner. For example, if a visitor was texting while walking on a property and fell on a dangerous area, they are partly responsible for their injuries.
If the court finds the visitor to be 30% responsible for their injuries, then the occupier or owner is responsible for 70% of the compensation owed.
Shared Blame or Responsibility
In some cases, two or more parties share fault in the slip and fall accident. If this is the case, the parties can be held responsible for contributing to the damages equally or in proportion to their degree of fault.
For example, if an occupier of a property has failed to fix a hazard that contributed to a slip and fall accident and the injured person was also not paying attention while walking, the courts can apportion fault between the two parties. In this case, the occupier or owner may be asked to indemnify the injured person for a portion of the damages based on the occupier’s degree of fault.
In conclusion, the issue of liability and fault after a slip and fall accident can be complicated. A successful personal injury claim requires the injured person to prove that the property owner breached their duty of care and that the breach caused their injuries.
It is advisable to speak to a personal injury lawyer after a slip and fall accident on Prince Edward Island. A knowledgeable personal injury lawyer can help you navigate the legal process and ensure that you receive the compensation that you are entitled to under the law.
In conclusion, after a slip and fall accident on Prince Edward Island, determining liability and fault is crucial for seeking compensation. Proving negligence requires evidence of a breach of duty by the property owner or occupier.
Apportioning liability involves considering the degree of fault for all parties involved, and shared blame or responsibility may apply in certain cases. Understanding these concepts is essential for protecting one’s rights and ensuring fair compensation.
If you have been injured in a slip and fall accident, consulting a personal injury lawyer is crucial to navigate the legal process and secure the compensation you deserve. Stay informed and take action to protect yourself in these situations, as your well-being and rights matter.