After a slip and fall in Calgary, immediately take photos of the hazard, get witness contact info, and preserve the exact shoes you were wearing in a plastic bag. Requesting CCTV footage quickly is also critical, as most Alberta businesses delete security video within 7 to 14 days.
A sudden slip and fall on an icy Calgary sidewalk or a freshly mopped grocery store floor can turn your day upside down in seconds. 🥶 In the shock of the moment, your only thought is usually getting off the ground and escaping the embarrassment. However, under the Alberta Occupiers’ Liability Act, to hold a property owner accountable for your injuries, you must prove that they were negligent. The burden of proof rests entirely on your shoulders, making the minutes immediately following your fall absolutely critical.
Property owners and their insurance companies will almost always try to deny fault. They might claim you were not paying attention, that the hazard was clearly marked, or that your footwear was inappropriate for a Calgary winter. To successfully fight back and secure compensation for your pain, lost wages, and medical bills, you need irrefutable proof. Knowing exactly what evidence to collect before it disappears is the first step to building a winning personal injury claim.
Step-by-Step Guide to Gathering Slip and Fall Evidence in Calgary
If you are physically able to do so without causing further injury, follow these steps right at the scene. 📍 If you are too hurt to move, ask a bystander or a family member to complete these steps for you.
Step 1: Photograph the Exact Cause of the Fall
Your smartphone is your best piece of evidence. Take clear, well-lit photos of the exact hazard that caused you to fall. Whether it is black ice in a Chinook Centre parking lot, a spill in an aisle, or a cracked tile, photograph it from multiple angles. Crucially, take wider shots that prove there were no yellow “Wet Floor” signs or safety pylons present at the time of the incident.
Step 2: Collect Witness Information
Witnesses are vital because they provide an unbiased account of what happened. 👥 If someone stops to help you up, ask for their full name, phone number, and email address. Do not ask them to write down a full statement on the spot; your Calgary personal injury lawyer will contact them later to get a formal description of the events.
Step 3: Preserve Your Footwear and Clothing
The defence will often blame your shoes, claiming they lacked traction. As soon as you get home, take off the shoes and clothing you were wearing and place them in a plastic bag. Do not wash or clean them. If there is salt, mud, or a specific chemical from the floor on your clothes, it serves as physical proof of the conditions at the time of your fall.
Step 4: Demand the CCTV Footage
Almost all Calgary commercial properties, malls, and transit stations have surveillance cameras. 📹 Unfortunately, many automated systems overwrite footage every 7 to 14 days. You or your lawyer must send a formal “spoliation letter” to the property owner immediately, legally demanding that they save the security footage from the day and time of your accident.
How Much Does it Cost to Build a Claim?
Gathering initial evidence at the scene costs you nothing but time. However, as your case progresses, obtaining official documents will incur some minor costs, which are known as “disbursements.”.
- Medical Records: Requesting your official patient charts from Alberta Health Services or your family doctor usually costs between $25 and $100 CAD.
- Ambulance Bills: If you took an ambulance to the Rockyview General Hospital, you will receive a bill from EMS, which is approximately $385 CAD in Alberta. Keep this receipt, as it will be included in your claim.
- Lawyer Fees: Most reputable personal injury law firms in Calgary work on a contingency fee basis. They will cover the upfront costs of gathering advanced evidence (like hiring accident reconstruction engineers) and take about 30% to 33% of your settlement once the case is won.
Strong Evidence vs. Weak Evidence
Not all evidence carries the same weight in the Alberta Court of King’s Bench. 🔍 Here is a comparison to help you understand what makes a claim successful.
| Type of Evidence | Strong Example | Weak Example |
|---|---|---|
| Photographs | Close-up of the icy patch AND a wide shot showing no salt/sand. | A blurry photo taken two days later after the snow melted. |
| Witnesses | A stranger who saw you slip and noted the lack of warning signs. | Your spouse, who did not see the fall but heard you shout. |
| Medical Records | ER visit on the exact same day of the fall detailing the incident. | Waiting three weeks to see a doctor and not mentioning the fall. |
How Long Do You Have to Act?
In Alberta, the standard statute of limitations for personal injury claims is 2 years from the date of the fall. However, evidence disappears much faster. Ice melts, spills are mopped up, and CCTV footage is deleted within days. Furthermore, if you fall on property owned by the City of Calgary (like a municipal sidewalk or at a CTrain station), the Municipal Government Act requires you to provide written notice of the injury within 21 days. If you miss this tight deadline, you may lose your right to sue the city completely.
Frequently Asked Questions (FAQ)
What if I was too hurt to take photos at the time?
If you were taken away in an ambulance, ask a family member or friend to return to the scene as soon as possible to take photos. Even if the hazard has been cleaned up, photos of the general area and camera placements are still helpful for your lawyer.
Can I still claim if there were no witnesses?
Yes, absolutely. Many slips and falls happen when people are alone. Your medical records, photos of the hazard, and store CCTV footage can be more than enough evidence to prove the property owner was negligent.
Should I wash my clothes if they got dirty during the fall?
No. Place your unwashed clothes and shoes in a clean plastic bag and store them safely. The dirt, grease, or chemical residue on your clothes can act as forensic evidence to prove exactly what caused you to slip.
Will the store willingly give me their security footage?
Most businesses in Calgary will refuse to hand over CCTV footage directly to you, citing privacy policies. However, they must preserve it if sent a legal spoliation letter, and your lawyer can force them to produce it during the “Examination for Discovery” phase of the lawsuit.
Does weather excuse a Calgary property owner from liability?
No. While Calgary weather is unpredictable, businesses and landlords have a duty to monitor weather conditions and apply salt, sand, or clear snow within a reasonable timeframe. Ignoring a known icy patch is considered negligence.
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