Saskatchewan slip and fall laws explained: What happens if someone gets injured on public or private property in Canada?
If the claimant can prove negligence on the part of the occupier, property owner, or government institution after a slip and fall accident, they may take civil action to recover damages including, pain and suffering, hospital bills, and disability.
- Private owners and public institutions owe visitors a duty of care.
- Do admit fault after a slip and fall accident.
- Deliberately creating a hazard on public or private property may result in criminal negligence charges.
- Install surveillance cameras to avoid slip and fall scams.
- The at-fault party is liable to pay in a negligence claim.
- The court will apportion liability equally if the at-fault party is unclear.
References
What happens if someone slips, trips, and falls in Saskatchewan?
Under provincial law, “occupiers” referring to property owners or anyone who has authority over property -have a legal obligation to ensure that the premises are reasonably safe for visitors and workers. Consequently, if you have suffered injury through no fault of your own, you may take civil action.
That duty of care applies to:
- The condition of the premises.
- Employee actions and persons permitted to enter the property.
Because of that, if an employee’s actions result in visitor injury, the occupier may be liable to pay.
Who is liable to pay for injury on private property in Saskatchewan?
After a slip and fall accident, the evidence will determine who is liable to pay. What you must remember is that :
(1) The burden of proof is on the claimant
(2) Property owners owe a limited duty of care to trespassers and the public.
What do I mean?
Provincial laws say that it is unlawful to:
(1) Deliberately create a danger.
(2) Act with reckless disregard for human safety.
If you intentionally create a danger for the public in Canada, you are guilty of criminal negligence. The maximum penalty for criminal negligence is life in prison. (link to main)
What happens if someone slips and falls on your property?
For property owners and occupiers, if someone slips and falls on your property, the risk is the individual may take civil action, and if the accident was a result of deliberate actions by you or an employee, the at-fault party may face criminal negligence charges.
Because of that, legal experts recommend that:
- Install surveillance equipment on your property. Video footage will make it easier to determine fault after a slip-and-fall accident.
- Put up signs and warnings. You do not owe a duty of care to anyone who willingly assumes a risk.
- If there are possible dangers on your property, alert visitors or get them to sign a waiver.
- Regularly inspect your premises and keep records of safety inspections (you may need safety records if a victim takes civil action).
- Purchase liability cover. If you have employees, you should consider purchasing workers’ compensation insurance.
- Ensure that your floor is not slippery.
What to do if someone slips and falls on your property in Saskatchewan
- Render reasonable assistance to the victim. If the victim needs immediate care, transport the individual to a physician or call emergency services. Acts of good faith often discourage litigation.
- You or your employees should never admit fault. Admitting fault makes you liable.
- Collect evidence. If you have surveillance cameras, save the footage, and document anything that you may use in your defense, including warning signs.
- Notify your insurer if the victim suffers injuries.
- Do not be too quick to pay. You may Negotiate a settlement out of court.
Tip: surveillance cameras may help you avoid slip and fall scams.
What to do if you slip and fall on public or private property in Saskatchewan?
After a slip and fall accident, the first question the victim should ask is, who was at fault? Why?
Under Saskatchewan Comparative Negligence act (see below) a defendant is liable to pay if his negligent actions are directly or indirectly responsible for the accident. Consequently, if the slip and fall was your fault, you do not have grounds to take civil action.
That said. Legal experts recommend that you do the following after a slip and fall in Saskatchewan:
- Investigate the scene. Look for warning signs, the slip and fall hazard, and evidence of negligence.
- Report the accident to the occupier or property owner.
- Do not admit fault. The court and investigators designate fault.
- Seek medical attention. You may use medical records as evidence of injuries suffered.
- Gather evidence, including pictures of your injuries, the shoes you were wearing, and other relevant items.
- Contact your insurer if you have cover
- Contact a lawyer and file a claim before the limitations period expires.
Note. If the parties agree, you may settle a slip and fall claim out of court.
How do you prove negligence after a slip and fall in Saskatchewan?
In a negligence suit, the claimant must prove:
(1) That the occupier/property owner owed you a duty of care.
(2) There was a breach of duty.
(3) The breach resulted in injury or property damage.
In short, the property owner is liable to pay if one or all the following factors are true:
- The occupier knew or should have known that there was a dangerous surface on the premises.
- The occupier or an employee knew that there was a danger or hazard on the premises.
- An employee or the property owners’ actions, inactions, or negligence was the direct or indirect cause of injury or property damage.
If you are unsure who was at fault, or if you decide to take civil action, we recommend consulting with an attorney immediately.
How is liability designated after a slip and fall in Saskatchewan?
Saskatchewan’s contributory negligence act reads in part, quote:
“Whereby the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault, but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.”
Additionally:
“Where damage or loss has been caused by the fault of two or more persons, the court shall determine the degree in which each person was at fault. (2) Subject to section 3.1, if two or more persons are found at fault, they shall be jointly and severally liable to the person suffering damage or loss, but as between themselves, in the absence of a contract, express or implied, they are liable to make a contribution to and indemnify each other in the degree in which they are respectively found to have been at fault.”
As the property owner, in your defense, you may argue that the victim was fully or partially responsible for the accident. Remember, it is up to the court to designate fault, so make sure that you collect evidence after an accident.