Insurance companies frequently use “contributory negligence” to argue that you caused your own slip and fall by wearing improper footwear or not paying attention. In Alberta, if you are found partially at fault, your final settlement is reduced by your percentage of blame, but you can still recover damages.
When you are injured in a slip and fall accident in Calgary, you might expect the property owner’s insurance company to step up and fairly compensate you. Unfortunately, the reality is often quite different. 🚩 Defence lawyers will quickly look for ways to shift the blame onto you, a legal concept known in Canada as “contributory negligence.”
Under Alberta’s Contributory Negligence Act, fault can be divided between the injured person and the property owner. If a judge decides you are 25% responsible for your fall, your total compensation will be reduced by 25%. This guide explains the common tactics used by insurance companies to blame victims and how a local personal injury lawyer can help you overcome these allegations.
Step-by-Step Defence Against Contributory Negligence in Alberta
Whether you slipped on an icy sidewalk in Kensington or tripped over an unmarked hazard in a Calgary supermarket, the defence will scrutinize your actions. Preparing a strong counter-argument involves a strategic, step-by-step approach. 📝
Step 1: Proving You Wore Appropriate Footwear
The most common defence in a winter slip and fall is that the victim was wearing improper footwear, such as smooth-soled dress shoes or high heels during a snowstorm. 👞 To defeat this, your lawyer will ask you to preserve the exact shoes or boots you were wearing. Taking photographs of the thick treads and proving they were standard winter boots can quickly dismantle this argument.
Step 2: Defeating the “Lack of Attention” Argument
The defence will often claim you were texting on your smartphone, rushing, or simply not looking where you were going. Your legal team will counter this by gathering witness statements and utilizing store surveillance video to prove you were walking at a normal pace and exercising standard caution. You only have a duty to act reasonably, not perfectly.
Step 3: Highlighting the Invisibility of the Hazard
If the insurance company argues that the hazard was “open and obvious” and you should have easily stepped around it, your lawyer must prove the opposite. 🔍 In Calgary, “black ice” is a frequent culprit; it is transparent and virtually impossible to see against dark asphalt. By proving the danger was hidden, you show that no reasonable amount of attention could have prevented the fall.
How Much Does it Cost in Calgary?
Fighting back against a massive insurance company and their team of defence lawyers can seem intimidating, but the financial structure of personal injury law is designed to protect you. 💰
- No Upfront Lawyer Fees: The vast majority of personal injury law firms in Calgary work on a contingency fee agreement. You do not pay hourly rates; instead, the lawyer takes a standard percentage (usually 30% to 33%) of your final settlement.
- Impact on Your Payout: Contributory negligence directly impacts your wallet. If your total damages (lost wages, medical costs, pain and suffering) equal $100,000 CAD, but you are found 20% contributorily negligent, you will only receive $80,000 CAD.
- Court Costs: Filing your Statement of Claim at the Court of King’s Bench requires a standard provincial fee of roughly $250 CAD, which your legal team typically pays in advance as a case disbursement.
How Long Does the Process Take?
Overcoming contributory negligence arguments usually happens during the negotiation or Discovery phase of a lawsuit. This overall legal process can take anywhere from 1 to 3 years to reach a final settlement or trial judgment in Alberta. ⌚️
Crucially, you must remember the strict statute of limitations. You have a maximum of two years from the exact date of your slip and fall to formally file your claim at the Court of King’s Bench. Waiting too long to contact a lawyer means you will lose your right to seek compensation entirely.
| Insurance Argument | Your Lawyer’s Counter-Strategy | Key Evidence Used |
|---|---|---|
| Improper Winter Footwear | Prove footwear was reasonable for the weather | The actual boots, photos of treads |
| Distracted Walking (Texting) | Demonstrate you were acting normally | CCTV video, eyewitness testimonies |
| Hazard was Open and Obvious | Show the danger was hidden or unavoidable | Photos of black ice, lack of warning signs |
| Trespassing or Ignoring Barriers | Prove the area was meant for public access | Property blueprints, absence of fencing |
Frequently Asked Questions (FAQ)
If I am partially at fault, do I lose the whole case?
No. Under Alberta law, contributory negligence simply reduces your financial compensation by your percentage of fault. If you are 10% at fault, you still receive 90% of the total damages awarded.
What if I actually was looking at my phone when I slipped?
While the defence will argue this makes you negligent, a lawyer can argue that the property owner’s failure to clear the ice was the primary cause of the accident. Looking at a phone is a common modern behaviour, but leaving black ice on a walkway is a legal breach.
Can the insurance company just decide I am at fault?
Insurance adjusters will often try to assign blame to you during early settlement talks to save money. However, they do not have the final say. Only a judge at the Court of King’s Bench can legally assign percentages of contributory negligence.
Does having a few alcoholic drinks mean I am at fault for falling?
Intoxication is a common defence used by properties like bars or restaurants. However, just because you consumed alcohol does not give a business the right to maintain dangerous, icy stairs. The core issue remains whether the property was reasonably safe for visitors.
Should I admit fault to the property manager or paramedics?
Never volunteer an apology or admit you were “clumsy” or “not paying attention” at the scene. These statements will be documented in medical or incident reports and used against you later by the defence.
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