Accidents happen quickly — but the questions afterward can linger.
If you’ve been injured in a slip and fall or a car accident in Alberta, you may be facing pain, missed work, and calls from insurance companies. Naturally, one question comes up:
“Do I actually have a claim?”
The answer isn’t always obvious. Not every fall leads to compensation. Not every car accident results in a lawsuit. Alberta has specific laws and strict deadlines that determine whether you can pursue damages.
In this guide, we’ll break down how slip and fall claims and motor vehicle accident claims work in Alberta, so you can better understand your rights and what steps to take next.
Alberta Slip and Fall Claims
In Alberta, slip and fall claims are governed by the Occupiers’ Liability Act. This legislation requires an “occupier” — anyone who has control over a property — to take reasonable care to ensure visitors are reasonably safe while on the premises.
An occupier may include:
To succeed in a claim, you must generally prove:
Time Limits in Alberta
Under Alberta’s Limitations Act, you typically have 2 years from the date you knew (or ought to have known) about your injury to start a lawsuit.
Alberta also applies contributory negligence principles. If you were partially responsible (for example, not wearing appropriate footwear in winter), your compensation may be reduced — but not necessarily eliminated.
Alberta Motor Vehicle Accident Claims
Alberta operates under a traditional tort-based system. This means if another driver caused the collision, you may bring a lawsuit against them for damages.
Claims may include compensation for:
Claims are subject to Alberta’s Limitations Act (generally a 2-year deadline).
Alberta also has a diagnostic cap on “minor injuries” under the Minor Injury Regulation, which limits non-pecuniary damages (pain and suffering) for certain soft-tissue injuries unless the injury meets specific criteria.
Uninsured or Unknown Drivers
What if you were hit by someone who didn’t have insurance — or who fled the scene?
Alberta has a government program called the Motor Vehicle Accident Claims Program (MVAC) that lets you pursue compensation even if the at-fault driver doesn’t have insurance or can’t be found. It’s a fallback system that steps in when insurance can’t cover your injuries.
But even with MVAC, time matters — you may need to notify and act within 90 days for hit-and-run cases or soon after you learn you were hit by an uninsured driver.
So… Do I Have a Claim?
Here’s how to think about it:
After a Slip and Fall
Ask yourself:
Did you get hurt?
Did someone else control the property where you fell?
Was the hazard something that should have been fixed or warned about?
If yes, you may have a valid claim.
After a Car Accident
Ask:
Who was at fault?
Did you report the crash to police and your insurer?
Have you started your claim within two years?
If the other driver was clearly negligent, you may have a strong claim for compensation.
And if the at-fault driver had no insurance or ran away, Alberta’s MVAC program can help you pursue compensation.
Every case depends on its specific facts — including fault, documentation, medical evidence, and deadlines.
Final Thoughts
If you’ve been injured in a slip and fall or motor vehicle accident in Alberta, time matters. Deadlines apply, and early legal advice can make a difference.
If you’re wondering, “Do I have a claim?” we can help. Contact our office today for a free, confidential consultation and clear answers about your options.
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