Quote:
Originally Posted by DionTheDman
Depending on where the incident occurred, she may be SOL. By virtue of the Municipal Government Act of AB (sec 531(1)), it's very difficult to bring an action against a municipality for a slip and fall on a sidewalk. You have to prove "gross negligence", which is a step beyond simple negligence.
But, if she slipped not on a municipal sidewalk, but a private sidewalk (for example, the pathway leading to the doorway), then the MGA no longer applies and it may very well be possible to bring an action against whichever hotel or occupier responsible for that particular location.
In any event, while you mull things over, I suggest you take as many photos of the area in and around where she fell ASAP in order to show what the conditions of the sidewalk were at the time.
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This is incorrect.
I agree it's difficult to sue a municipality, but businesses have a duty to take reasonable action to shovel snow and deal with ice on public sidewalks in front of their property. Even homeowners have a duty to deal with the public sidewalk (Although what's expected of them is generally less).
You would sue the private business, even if you slipped on the publicly owned sidewalk. If there is something fundamentally wrong with the sidewalk itself, you could also sue to city.