If you slip on a wet floor in an Edmonton mall that lacked proper warning signs, you may be entitled to compensation under the Occupiers’ Liability Act. You must file your lawsuit at the Alberta Court of King’s Bench within two years, and the basic court filing fee is currently $250 CAD.
Large shopping centres in Edmonton see tens of thousands of visitors daily. With heavy foot traffic, spilled drinks at food courts, and snow tracked indoors during the winter, maintaining dry floors is a constant battle for janitorial staff. While commercial cleaning is necessary, leaving a freshly mopped floor without prominent “Caution: Wet Floor” signs creates an invisible and incredibly dangerous hazard for shoppers.
Under Alberta law, mall owners and their contracted cleaning companies owe a strict duty to keep the premises reasonably safe for all visitors. When they fail to warn the public of a slippery surface, they can be held financially responsible for the resulting injuries. If you have suffered a fractured hip, torn knee ligaments, or a concussion from a mall slip and fall, knowing how to protect your legal rights is essential.
Step-by-Step Process for Wet Floor Claims in Edmonton
Slipping on a slick tile floor in a busy environment like West Edmonton Mall or Kingsway Mall is embarrassing, and human nature makes us want to quickly stand up and leave. However, doing so can destroy your personal injury claim. You should follow these specific steps instead.
Step 1: Stay Down and Call for Help
If you are in significant pain, do not try to stand up, as you could worsen a spinal injury or fracture. Ask a bystander or a store employee to call mall security and request an ambulance if necessary. 🚑 Seeking immediate medical attention provides the hospital records that are critical to proving the severity of your injuries.
Step 2: File an Official Incident Report
Mall security will arrive to document the scene. Insist on filing a formal incident report. Ensure the security guard notes exactly what caused the fall (e.g., mopped water, a spilled soda) and explicitly mention the complete absence of yellow warning cones. Do not sign anything that admits fault or waives your rights.
Step 3: Gather Evidence and Witness Information
Take photos of the wet floor with your phone before it evaporates or gets cleaned up. Capture the surrounding area to prove there were no warning signs visible from your direction of travel. Additionally, ask bystanders who saw you fall for their names and phone numbers. Independent witnesses are crucial because mall staff will try to defend themselves.
Step 4: Retain an Injury Lawyer
Large malls have massive corporate insurance policies and aggressive defence teams. Retain an Edmonton personal injury lawyer immediately. They will send a spoliation letter ordering the mall to preserve all CCTV camera footage of your fall and the cleaning staff’s actions. Finally, they will file a Statement of Claim at the Court of King’s Bench before the two-year deadline.
How Much Does it Cost in Edmonton?
The cost of fighting a giant corporation deters many victims, but Alberta’s legal system is set up to allow everyday people to pursue justice without financial risk.
- Contingency Agreements: Edmonton injury lawyers almost universally work on contingency. You will not receive a monthly bill for hourly rates. Instead, the law firm takes a percentage (generally 30% to 35%) of the final settlement payout.
- Court Fees: Filing a formal civil lawsuit at the Alberta Court of King’s Bench costs a mandatory $250 CAD filing fee.
- Expert and Medical Disbursements: Building a strong case requires purchasing medical charts, physical therapy assessments, and sometimes hiring safety engineers to test the slip-resistance of the mall’s floor tiles. These expenses can run into the thousands of dollars, but your lawyer will fund them until the case settles.
How Long Does the Process Take?
Slipping on a hard mall floor can cause complex orthopaedic injuries that take a long time to heal. You should never settle your claim until your doctors confirm you have reached Maximum Medical Improvement (MMI). ⏱ A straightforward wet floor claim might resolve in 1.5 to 2 years. Complex cases involving chronic pain or loss of future earning capacity can take 2 to 4 years to fully litigate through the Alberta courts.
Common Defences Used by Malls
| Mall’s Defence Argument | How Your Lawyer Counters It |
|---|---|
| “We had a reasonable system of inspection.” | Your lawyer will demand the janitorial sweep logs. If the logs are missing, faked, or show the area wasn’t checked for hours, their defence fails. |
| “There was a warning sign nearby.” | Witness testimony and your photos can prove the sign was hidden around a corner, knocked over, or not visible from your angle of approach. |
| “The victim wasn’t paying attention.” | Malls are literally designed to distract you with bright storefront displays. Courts recognize that shoppers cannot be expected to constantly stare at their feet. |
Frequently Asked Questions (FAQ)
What if I slipped on snow tracked in by other customers?
During Edmonton winters, malls know that entrances will get wet from melting snow. They must put down heavy-duty mats and mop the area frequently. If they fail to manage this known hazard, they can still be held liable for your slip and fall.
Will the mall pay for my medical bills right away?
No. Commercial liability insurance pays out in one lump-sum settlement at the very end of your case. In the meantime, you must rely on Alberta Health Care, your personal employment benefits, or treatment funded by your lawyer to cover immediate rehabilitation costs.
Can I still claim if I was wearing flip-flops or smooth-soled shoes?
Yes, but the insurance company will likely argue contributory negligence, claiming your footwear was unsafe. Even if the court assigns you a small percentage of the blame, you are still entitled to collect the remaining majority of your compensation from the mall.
Can I ask the mall to show me the security camera footage?
You can ask, but they will almost certainly refuse, citing privacy policies. This is why hiring a lawyer is critical. Your legal team can force the mall to hand over the CCTV footage during the legal discovery process.
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