Alberta gets lots of snow during the winter months. The cities in that Province ask their residents to remove the snow on the sidewalk in front of each resident’s home. Calgary wants the snow removed within 24 hours; residents of Edmonton have 48 hours in which to complete that same task.
During the day, the sun hits the snow-piled borders on the sidewalks. Thus, the snow melts, and that melting can create a thin layer of water on the cleared pathway. At night, when the temperatures drop, that thin layer of water can freeze.
According to Alberta’s law, no homeowner can be held liable for a fall that has been caused by the natural creation of ice on a pavement. Yet there are exceptions to that particular regulation.
Exceptions: Times when a homeowner can be held responsible for an icy sidewalk.
The homeowner has allowed creation of a hazard. The hazard’s presence leads to the pooling of water on the sidewalk. The pool freezes, and a pedestrian can fall on that icy surface.
A homeowner finances a project that forces workers to introduce piles of material into the area next to the sidewalk. If the homeowner fails to put any warning sign on that particular pile, and a passerby slips and falls in that same area, the homeowner can be held responsible.
Homeowner lets debris, such as leaves collect on the sidewalk. Some of the debris forms the side of a small pool of water. If that pool freezes, and then someone slips on that icy pool, the homeowner becomes liable for any injuries. Homeowners are also liable if a downspout lets water pour into a pool on the pavement.
A possessive homeowner tries to claim control of the public sidewalk in front of his home. If the neighbors can testify to the homeowner’s possessive behavior, anyone that falls on what should be an open and public sidewalk can seek compensation from the overly possessive person that lives in the nearby home.
Steps to be taken by Alberta resident that slips and falls on patch of ice
You need to collect the medical bills and other documents that offer proof of your injury. Get photographs of the spot where you fell. If you fell during the day, try to take the photograph at the same time of day. Take pictures of your injury, as well.
Let the personal injury lawyer in Calgary speak with neighbors or witnesses. Using what you learned from those conversations, try to gather proof of the homeowner’s ability to create a setting that matches with the characteristics of any exceptional setting. In other words, prove that the homeowner appears to be the one who should be held at fault for your injuries.