As temperatures drop and freeze–thaw cycles begin, Bow Valley property owners and managers need to be vigilant. Canmore-based lawyer Austin Ward sat down with Emily Smeaton to explore how property owners can limit their slip and fall liability this winter by staying proactive and compliant.
Why is winter slip and fall prevention such a critical issue now?
Alberta’s freeze–thaw patterns create slippery, hazardous conditions that can lead to accidents, especially in high-traffic areas like parking lots, sidewalks, and entryways. Under the Occupiers’ Liability Act, anyone responsible for a property - whether owner, manager, or maintenance company - can be held liable if someone gets hurt. Being proactive now isn’t just smart; it’s essential for risk management.
What concrete steps can property owners take before the snow falls?
Start with regular inspections and clear maintenance protocols. That means having a written safety policy, scheduling timely snow and ice removal, placing clear warning signage, and ensuring pathways are well-lit. Documentation of each step proves you are taking reasonable precautions.
Who exactly can be held responsible under the law?
Under Alberta’s Occupiers’ Liability Act, liability isn’t limited to property owners - any occupier who has physical possession of or control over the premises could be held responsible. In fact, multiple people can be held responsible for the premises at the same time. This includes businesses providing property management, snow removal, landscaping, or other services.
Are there preventative services to help manage risk?
Yes - Field Law offers a Slip + Fall Audit Prevention Service, designed for property owners, managers, and commercial businesses. It evaluates whether your practices and protocols meet legal expectations and helps uncover hidden risks before winter arrives.
What should managers of condos or commercial properties prioritize?
Educating tenants and staff is vital. Ensure everyone knows the protocols for reporting hazards, snow and ice removal, and managing unsafe areas. While training alone isn’t enough, it reinforces a culture of safety. Documenting training and communications can also strengthen your legal position.
In case of a claim, does insurance cover everything?
Insurance is important, but it must be paired with good practices. You can’t insure away negligence. The best defense is demonstrating that you took all reasonable steps - inspections, maintenance, warnings - and that they are all well-documented.
For more insights on navigating slip and fall claims, visit https://field.law/slip to view the recording of Emily’s complimentary webinar, Managing Winter Liability: Condominium Slip + Fall Claims. While geared toward condo boards, the tips and strategies apply to a wide range of property owners and managers.
