Winter weather in Alberta can pose significant risks to property owners, especially businesses. The accumulation of snow and ice on sidewalks, parking lots, and other outdoor areas can create hazardous conditions, leading to slip and fall accidents. Property owners have a legal duty to maintain their premises in a reasonably safe condition, including timely snow and ice removal. When businesses delegate this responsibility to snow removal companies, it’s crucial to understand the potential liabilities involved.
Alberta Occupiers’ Liability Act
The Occupiers’ Liability Act of Alberta outlines the duty of care owed by property owners to visitors. This duty extends to the maintenance of outdoor areas. Property owners must take reasonable steps to ensure the safety of individuals on their premises, including removing snow and ice hazards.
The Role of Snow Removal Companies
When a business contracts with a snow removal company, the company becomes an agent of the property owner. This means the property owner may be liable for the negligence of the snow removal company. If the company fails to fulfill its contractual obligations, such as removing snow and ice within specified timeframes or using appropriate techniques, and an individual is injured as a result, the property owner may be held liable.
Timeframes for Snow Removal
While the Occupiers’ Liability Act does not explicitly specify precise timelines for snow removal, it requires property owners to take reasonable steps to ensure the safety of visitors. The specific timeframe for snow removal may vary depending on factors such as the severity of the snowfall, local bylaws, and industry standards.
Generally, snow should be removed as soon as reasonably possible after a snowfall. However, extreme weather conditions or unforeseen circumstances may affect the feasibility of immediate removal. In such cases, property owners should take reasonable steps to mitigate risks, such as posting warning signs or salting icy areas.
Potential Defences
Businesses may have defences to liability in snow and ice injury claims, including, but not limited to:
Contributory Negligence
If the injured person’s actions were a significant factor in causing the accident, their damages may be reduced. For example, if the plaintiff wore inappropriate footwear, walked recklessly fast, or ignored warnings about icy conditions, the business’s liability may be diminished. The court will assess the plaintiff’s actions and determine the extent to which they contributed to the accident, which could result in a reduction of damages.
Assumption of Risk
If the plaintiff knowingly and voluntarily encountered a hazardous condition, they may be barred from recovering damages. For instance, if the plaintiff saw a clearly marked icy patch but chose to walk through it anyway, they may be held responsible for their own injuries. This defence is based on the principle that individuals are accountable for their own safety and should not expect to be compensated for injuries that they knowingly and voluntarily assumed.
Act of God
In rare cases, extreme weather conditions may be considered an act of God, which could absolve the business of liability. However, this defence is typically challenging to establish, as property owners still have a duty to take reasonable steps to mitigate risk.
Best Practices for Property Owners
To mitigate the risk of liability for snow and ice-related injuries, businesses in Alberta should take the following steps:
Hire a reputable snow removal company
Choose a company with a proven track record of experience in handling winter weather conditions, including knowledge of local regulations and industry standards. Consider factors such as the company’s size, equipment, and insurance coverage when making your selection.
Ensure a comprehensive contract
The contract should clearly outline the company’s obligations, including specific timelines for snow removal, the standard of care required, and the consequences of non-compliance. The agreement should also specify the company’s responsibilities in case of extreme weather events or unforeseen circumstances.
Monitor the contractor’s performance
Regularly inspect the property to ensure that the snow removal company is fulfilling its obligations. Pay attention to the timing of snow removal, the effectiveness of the techniques used, and the property’s overall condition.
Post warning signs
Post clear and conspicuous warning signs to alert visitors if hazardous conditions exist. These signs should be placed in prominent locations, such as entrances, walkways, and parking lots. The signs should clearly state the nature of the hazard, such as “Slippery When Wet” or “Caution: Ice.” Consider using multilingual signs or symbols to accommodate visitors who may not speak English.
Document maintenance efforts
Keep records of snow removal activities, including dates, times, and any specific actions taken to mitigate hazards. These records can be helpful in the event of a lawsuit or insurance claim. Document any communication with the snow removal company, including any delays or issues.
If the snow removal company fails to attend, keep records of all actions taken to address the issue, including communication with the snow removal company, any steps taken to mitigate risks, and any warning signs posted. These records can be helpful in the event of a lawsuit.
Salt or sand icy areas
Applying salt or sand to icy surfaces can help improve traction and reduce the risk of slips and falls. However, it is essential to use these materials appropriately and in accordance with local regulations. Excessive use of salt can damage vegetation and concrete surfaces.
Implement a proactive maintenance plan
Develop a comprehensive snow and ice management plan outlining preventative measures, such as salting, sanding, and emergency response procedures. This plan should be reviewed and updated annually to ensure it is practical and up-to-date.
Maintenance plans should also include steps to protect visitors from injury if the snow removal company fails to clear the snow. These may include staff removing the snow from frequently travelled areas, sanding the walkways, and posting warning signs.
Consider alternative solutions
Consider alternative solutions in extreme weather conditions, such as closing the business or limiting access to certain areas. This may be necessary to protect the safety of visitors and employees, especially during severe winter storms or prolonged periods of freezing temperatures.
By taking these proactive measures, businesses can significantly reduce their liability for snow and ice-related injuries and protect themselves from potential lawsuits. However, while these steps can help mitigate risk, they do not guarantee complete protection.
Cuming & Gillespie LLP: Providing Comprehensive Advice on Winter Personal Injury Matters
Slip and falls are common, especially in Alberta, where sudden weather changes can create hazardous conditions. These accidents can cause significant injuries with devastating long-term consequences.
At Cuming & Gillespie LLP, our experienced personal injury lawyers will thoroughly investigate your case, identify any liable parties, and aggressively pursue the maximum compensation you deserve. We handle the legal complexities so you can concentrate on your recovery. To schedule a confidential consultation, please call 403-571-0555 or contact us online.