Every year Albertans can count on one thing: second and third winter. The reality of living in the Alberta climate means we have learned to anticipate a number of freeze/thaw cycles throughout the winter and spring as cold weather brings fresh precipitation and warm weather brings melt. The end result is a phenomenon well-known to those living here: lots and lots of ice. Strategies for dealing with ice have their own consequences, as ice melt or salt can degrade concrete and other surfaces, making sidewalks, entry ways, and parking lots a liability in both the winter and the summer months.  That being said, there are a number of strategies that property owners and property management companies can employ in order to reduce their risk of and liability for slips and/or falls.

Occupier’s Liability Act

In Alberta, the Occupier’s Liability Act, RSA 2000, c O-4 governs the liability of “occupiers” of a premises. Similar legislation exists in other provinces. An “occupier” is defined as a person who is in physical possession of the premises, or a person who has responsibility for, and control over, the condition of a premises, the activities conducted on those premises and the persons allowed to enter those premises. Accordingly, there can be more than one “occupier” of a premises at a time. A “premises” is a broader definition than what we typically consider “property”, and includes staging and scaffolding, electric power or communications poles, ships, and trailers among other things.

Ultimately, this means that there can be a number of “occupiers” of a premises at a time, including but not limited to the property owner, the property management company, a commercial business leasing the property, or snow removal or maintenance companies hired to maintain the premises.

Tips + Tricks to Limit Slip + Falls

It is important to remember that even a very robust system of inspection and maintenance of a premises may still not be able to prevent a slip and fall. That being said, there are a number of strategies that a party may employ to limit the number of slip and falls that occur on a premises, and therefore also limit the number of claims brought against them.

There are two main methods of limiting slip and falls:

1. The first is by keeping the premises reasonably safe for visitors, so that there are limited spots where slip and falls could happen in the first place. One of the most important strategies to limit slip and falls is to have a written policy for physical inspection of the premises on a regular basis. If an inspection shows areas of snow, ice, or other unsafe conditions, it should be promptly dealt with.
    
2. The second method of limiting slip and falls is that when there are areas that could cause slip and falls, such as snow, ice, or damage to a premises, that visitors are clearly informed about these risks as soon as possible when entering onto the premises. This could be done by placing clear, visible, well-placed signage.

Ultimately, accidents still happen, and you can’t guarantee that visitors will not slip and fall at a premises. However, by ensuring that your premises is 1) reasonably safe; and 2) any risks are clearly identified to visitors, you may be able to limit, and subsequently help mitigate the risk for, slip and falls at your premises.

If you're a property owner, manager, or lessor, ensuring your policies and procedures align with legal requirements is crucial for reducing liability. Contact Emily Smeaton in Edmonton or John Gilbert or Maya Osiname in Calgary for a professional audit to assess your current risk management strategies and provide advice on improvements.