Slipped and Fallen in Alberta? 7 Steps to Protect Your Legal Rights
A slip, trip, or fall can change your life in a few seconds. In Canada, falls are the leading cause of injury-related hospitalizations, and 20-30% of seniors experience at least one fall each year. The consequences can last long after the bruises fade, including chronic pain, limited mobility, and a loss of independence.
Falls also don’t only happen at home. Roughly half of the falls that lead to hospitalization happen elsewhere, in places Albertans visit every day: grocery stores, shopping centre parking lots, apartment entrances, and icy sidewalks during the long winter months.
Who is responsible for your fall in Alberta?
The answer depends on where you fell.
Private property. Falls in stores, restaurants, apartment buildings, and parking lots are generally governed by Alberta’s Occupiers’ Liability Act. It requires an occupier to take reasonable care that people on the property are reasonably safe. Slip and fall accidents on private property fall under the Occupiers’ Liability Act.
Public sidewalks and roads. Falls on municipal property are treated differently. Under the Municipal Government Act, a municipality can only be liable for damage caused by snow, ice, or slush on roads or sidewalks if it was grossly negligent. That is a much higher bar than ordinary negligence, which is why acting early and gathering strong evidence matters so much.
Whichever rules apply, proving responsibility can be difficult. The steps below can make a real difference if your injuries turn out to be more serious than they first appeared.
What to do after a slip, trip, or fall
Your health comes first. Depending on your injuries, you may not be able to do all of this right away, or at all. If you can’t, ask a friend, family member, or bystander to help with the steps below.
1. Capture the scene before it changes
Hazards are often cleaned up, salted, or repaired shortly after someone gets hurt. Take photos or video of what caused your fall (ice, a spill, a cracked curb, a loose mat) and the surrounding area. Then write down the time, the exact location, how you fell, your injuries, and any damaged belongings such as your phone, glasses, or clothing.
2. Find witnesses
Your own account matters, but an independent witness can be powerful if anyone later disputes how you fell. It can feel awkward to ask a stranger for help, but a name, a phone number, and a short note on what they saw can be valuable evidence down the road.
3. Report the fall, and watch the clock for public property
If you fell at a business, tell the manager or person in charge so the hazard can be dealt with. Get their name, and ask for a copy of any incident report, or take a photo of it before you leave.
If you fell on municipal property, the timeline is far tighter. For injuries caused by snow, ice, or slush on city property, the Municipal Government Act requires written notice to the municipality within 21 days of the fall. A phone complaint to 311 does not satisfy that requirement. Other municipal hazards, such as a pothole or a broken stair, may carry a different notice period, so get advice quickly. Missing the deadline can seriously harm your claim.
4. Get medical attention
See a doctor as soon as you can, even if you think you’re fine. Injuries that seem minor can worsen over the following days. Depending on your condition, that might mean your family doctor, a walk-in clinic, or the emergency room. A medical record created close to the fall is strong evidence. Keep up with any follow-up care, including referrals to physiotherapists, massage therapists, or other providers.
5. Track every expense
Injuries often come with out-of-pocket costs: treatment sessions, medication, braces, ice or heat packs, and other supports. Keep every receipt and invoice. They document your efforts to recover and help support a claim for those costs.
6. Hold on to your footwear
Occupiers must take reasonable care, but the law doesn’t demand perfection, and injured people are expected to take reasonable care for their own safety too. In Alberta, fault can be shared between the parties, so what you were wearing can matter. Heels on a freshly iced walkway, for example, may lead to an argument that you were partly responsible. Occupiers and insurers often ask about footwear, so don’t throw out the shoes you were wearing.
7. Keep a recovery journal
Fall-related claims can take months or even years, partly because the full effect of an injury isn’t always clear right away. Remembering the details later is hard. A short daily note about your pain, treatment, sleep, and what you can’t do anymore creates a record of how the injury is affecting your day-to-day life.
Don’t wait too long to get legal advice
Alberta also has general time limits for starting a lawsuit, and the municipal notice rule described above is much shorter than those. Speaking with a personal injury lawyer early helps make sure nothing is missed.
If you’ve been hurt in a fall, our personal injury team can walk you through your options and explain how we can help. Contact us today.
Frequently Asked Questions
Usually the municipality. For snow or ice, Alberta’s Municipal Government Act generally requires proof of gross negligence, a higher standard than ordinary negligence.
For snow or ice falls, written notice generally must be given within 21 days. A 311 call typically doesn’t count, and other hazards may have different deadlines.
Your claim can still go ahead. In Alberta, fault can be shared, and any compensation may be reduced by your share of responsibility.
Yes, especially if you fell on municipal property. Early advice helps you protect evidence and meet short deadlines before they pass.
Disclaimer: This content is provided solely for informational purposes and is not intended for use in any legal proceeding. You should consult a qualified lawyer for advice tailored to your specific circumstances.
