Can You File a Slip and Fall Claim Against the City of Calgary?

Slip and fall accident lawyers in Calgary often hear from people who were simply walking along an icy sidewalk when, suddenly, their feet slide out from under them and they hit the ground.

The pain is immediate, and so are the consequences: healthcare bills, lost income, and a long road to recovery. It’s natural to wonder if the City can be held responsible.

The answer isn’t straightforward because municipal liability is shaped by legal standards that differ from those applied to private property claims. One key court decision helps define when the City may be held accountable.

Key Takeaways

• Municipal slip and fall claims involve shorter timelines, unique defences, and complex legal standards.
• A 2021 Supreme Court ruling clarified when cities like Calgary can be liable for unsafe public spaces.
• The case depends on how, when, and where the fall occurred, and what steps the City took.

What Makes Municipal Slip and Fall Claims Different?

Most personal injury claims involving slip and fall accidents on private property follow the Occupiers’ Liability Act. Property owners or occupiers must keep their premises reasonably safe for visitors. If you trip over broken tiles inside a store or slip on slippery floors without a wet floor sign, the legal process focuses on whether such care was taken to prevent harm.

Public property is different. When a fall occurs on a sidewalk, in a public park, or on a city-owned staircase, you’re dealing with municipal liability, and that changes everything. The City of Calgary has legal defences and notice protections that private businesses don’t.

For example, under Alberta’s Municipal Government Act:

• You must notify the City in writing within 21 days of the fall.
• If you’re hurt on public property (not from snow or ice), you must notify the City within 30 days.
• If the injury leads to death, the 21- and 30-day notice rules don’t apply.

In regards to the Limitations Act, that’s a shorter window than typical personal injury claims and can completely block your ability to recover compensation if missed.

How Courts Treat the City’s Decisions?

Municipalities have broad immunity when their actions involve policy decisions, such as how to allocate resources for snow removal across the city. These are not actionable.

The law treats operational decisions differently. These include how a city employee performs daily tasks, such as clearing a sidewalk on a specific block. If someone performs those duties poorly or not at all, and fall accidents occur, the City could be held liable.

This distinction is what experienced personal injury lawyers Calgary use to determine whether a slip and fall case has a valid claim against the City.

A Turning Point Case: Nelson (City) v. Marchi

In 2021, the Supreme Court of Canada ruled in Nelson (City) v. Marchi, a case that continues to shape slip-and-fall claims against municipalities across the country.

Case Overview

What Happened	A woman in Nelson, B.C., tried to climb over a snowbank that had formed along a sidewalk after city plows had pushed snow to the curb. She stepped into an unplowed area between the snowbank and the sidewalk and fell, suffering serious injuries. She filed a slip and fall claim, arguing that the City had created a hazardous condition.
The City’s Defence	Claiming the decision to plow snow that way was a policy decision protected from liability. The British Columbia courts initially agreed. But the case reached the Supreme Court, and their ruling made a significant clarification.
The Court Ruling	Stated that cities aren’t automatically protected by labelling something a “policy.” There must be proof that the decision involved budget constraints, prioritization, or was made by someone with proper authority. If a city’s choice was made without that framework or was simply a standard operating practice, it could be an operational decision. Those are not immune from legal action.

This ruling matters because many fall accidents occur after snowstorms, near construction areas, or around sidewalks that the City is responsible for. Marchi’s case shows that cities can be sued, not for their broad policies, but for how those policies are applied on the ground.

In the personal injury law, this case provides a legal path forward—one that depends on examining the City’s internal practices, work logs, and decisions at the street level.

When the City of Calgary Might Be Liable

• Snow and ice on sidewalks that the City owns and has failed to clear within a reasonable timeframe
• Unrepaired public walkways with broken pavement or missing concrete
• Delayed response to known hazards, like repeated complaints or recorded incidents
• Construction zones without proper signage, barriers, or lighting
• Ice buildup around curb edges where city crews have been dispatched, but didn’t follow safety protocols

These are situations where operational failures may have occurred, and experienced lawyers can help gather evidence to build a case.

When the City of Calgary Likely Isn’t Liable

Not all the circumstances are in favour of the injured clients. In other cases, Calgary may not be responsible even if you’re seriously injured. Situations where liability is unlikely include:

• Unavoidable weather hazards, such as snowfall that happened within hours of the fall.
• Incidents on sidewalks adjacent to private property, where owners, not the City, are responsible for clearing snow.
• Falls where the City followed its snow removal schedule and documented its efforts.
• Hazards that weren’t reported in time for the City to respond before your fall.
• Areas not under the City’s physical possession, such as provincial lands or leased public spaces.

Liability is harder to prove, and evidence like city maintenance records, weather data, and security camera footage becomes fundamental.

Do You Actually Have a Case? Here’s What the Legal Team Looks At

Not all slip-and-fall injuries on city property qualify for legal action. Slip and fall accident lawyers in Calgary will examine your case from multiple angles:

• Was the hazard preventable? Was it something the City should have reasonably fixed or addressed?
• Did the City have enough time to respond? If a storm hits overnight and you fall early the next morning, timing matters.
• Was the property under the City’s responsibility? Was the sidewalk, stairwell, or area city-owned and maintained?
• Did the City breach its duty of care? Did it act or fail to act in a way that a reasonable municipality wouldn’t?

These cases rely heavily on records, photos, security camera footage, weather reports, and internal city documents. Working with experienced slip and fall lawyers can help gather evidence and interpret policy documents.

Because most firms work on a contingency fee basis, you won’t pay legal fees unless your case succeeds. That means you can seek legal help right away and come up with a good legal strategy.

Filing a Claim Against the City Is Possible | Work with Sidhu Slip and Fall Lawyers

While you can file a claim against the City of Calgary after a fall, the deadlines are strict, and the legal standards are high. If you’ve suffered common slip and fall injuries like broken bones, internal injuries, or soft tissue injuries, don’t guess if your claim qualifies.

After you seek medical attention, speak to a legal team that has handled personal injury claims like yours. Contact Sidhu Personal Injury Lawyers Calgary for a free consultation. We’ll assess all the circumstances of your Calgary slip and fall case and help you take the next step before the filing time runs out.

Frequently Asked Questions

Will the City of Calgary pay you if they’re proven liable?

Yes, if the City of Calgary is found liable in a claim, they may be required to cover your expenses.

What is gross negligence in a slip and fall claim?

Gross negligence means the City’s actions or lack of action were far below what’s considered reasonable, showing a serious disregard for public safety. To prove gross negligence in a Calgary slip and fall claim, you’ll need strong evidence, such as:

• The City ignored known hazards
• Maintenance was far below standard
• Witnesses or experts support your claim
• Similar issues were left unaddressed in the past

What is the difference between a slip and fall and a trip and fall, and how does it impact your case?

A slip and fall happens on slippery surfaces like ice or wet floors, causing you to lose footing. A trip and fall involves uneven surfaces, loose curbs, or obstacles that cause you to catch your foot and fall forward. While both can lead to serious injuries, the cause of the fall affects how the fault is assessed and what evidence you’ll need. For example, ice buildup may point to poor snow removal, while a raised sidewalk slab may show a lack of maintenance. Identifying the exact cause helps your legal team build a stronger case.