Who’s Liable For A Slip And Fall On Public Property In Alberta?

A guide for anyone injured on an Alberta sidewalk, pathway, or municipal lot.

Icy sidewalks and uneven pathways can lead to serious injuries in the winter. If you’ve been injured in a slip and fall on public property in Alberta, knowing who’s responsible is essential.

You are injured walking on a sidewalk or another public space. Perhaps it’s because it was icy, and you lost your footing. Maybe it was because the sidewalk was poorly maintained, and your foot was caught in a gap or on a heaved slab. However it occurred, you were injured on public property.

Who Is Responsible for Your Injuries?

In short, there are two groups who will usually be responsible for negligence on public property in Alberta: the municipality, or a contractor the municipality has hired to maintain it.

If you’re injured in a slip and fall on a City of Calgary or City of Edmonton sidewalk, lane, or road, the municipality is generally responsible for maintaining it. However, Alberta’s Municipal Government Act gives municipalities significant protection: they’re only liable for an injury caused by snow, ice, or slush if they were grossly negligent, a much higher bar than ordinary carelessness. If you fall somewhere other than municipal property — a shopping centre parking lot or a provincial building. For example, the Occupiers’ Liability Act applies instead, and the occupier only needs to take reasonable care to keep you safe.

However you slipped, governments and property occupiers have the ability to contract out maintenance to private companies. If a municipality hires a contractor to clear and salt its sidewalks and the company misses a patch of ice through carelessness, that company may share responsibility for your injuries.

Notify the Municipality Quickly

When dealing with municipal property in Alberta, it is important to notify the municipality of the injury as soon as possible. Under the Municipal Government Act, you generally have only 21 days from the date of the fall to give written notice, or you may lose your right to bring a claim later on.

Determining fault and liability in slip and fall cases can often be more difficult than it seems. While it is usually straightforward to figure out who controlled the area — a municipality, the Province, or a private owner — it can be much harder to determine whether their action or inaction amounted to negligence in the eyes of the law.