Under Alberta’s Occupiers’ Liability Act, property owners owe a significantly lower duty of care to trespassers than to invited guests. While they do not have to ensure their property is perfectly safe for unauthorized visitors, they cannot intentionally harm you. If you pursue a legal claim at the Court of King’s Bench, standard filing fees are roughly $250 CAD.
Sustaining an injury on someone else’s property is an incredibly stressful experience, but the situation becomes legally complicated if you were not invited. Whether you were taking a late-night shortcut through a downtown Calgary construction site or accidentally wandered onto private farmland near the city limits, your legal rights shift dramatically the moment you are considered a trespasser. In Alberta, property owners have different levels of responsibility depending on why you were on their land.
Many people mistakenly believe that if you are trespassing, you have absolutely zero legal rights if you get hurt. 🚫 This is a common myth. While the law heavily favours the property owner in these scenarios, there are specific legal boundaries they cannot cross. In this 2026 guide, we will explore how the courts handle injuries sustained by trespassers and what exceptions might allow you to seek compensation.
Step-by-Step Process for Assessing a Trespasser Claim in Alberta
If you or a loved one were injured while on private property without permission, the legal process involves carefully reviewing the actions of the property owner. Here is how a typical personal injury lawyer in Calgary will evaluate your situation.
Step 1: Determining Your Legal Status
The first step is for your legal team to confirm whether you were actually a trespasser under the Occupiers’ Liability Act. 🔍 Sometimes, people think they are trespassing, but they might legally be considered a “licensee” if there is a long-standing public habit of walking across that specific path without the owner complaining. If you truly had no right or implied permission to be there, you are classified as a trespasser.
Step 2: Evaluating the Property Owner’s Conduct
Because property owners do not owe you a duty to keep the premises safe from general hazards (like a pothole or a slippery patch of ice), your lawyer must look for extreme behaviour. Alberta law dictates that an occupier cannot intentionally injure a trespasser or act with “reckless disregard” for their safety. Setting deliberate traps, like hidden tripwires or unleashing aggressive guard dogs without warning, may constitute intentional harm.
Step 3: Filing a Claim at the Court of King’s Bench
If evidence suggests the property owner acted recklessly or intentionally caused your injury, your lawyer may draft a Statement of Claim. 📁 This formal legal document is filed at the local Court of King’s Bench in Calgary. From there, the discovery process begins, where both sides exchange evidence, photographs of the property, and medical records.
How Much Does it Cost in Calgary?
Worrying about legal fees should not prevent you from exploring your options, even if your case is highly complex. Most personal injury law firms in Alberta operate on a contingency fee basis. Here is a general breakdown of the costs involved in 2026:
| Contingency Fee | 30% to 35% of settlement | You pay nothing upfront. The law firm only gets paid if they successfully recover compensation for you. |
| Court Filing Fee | $250 CAD | The mandatory government fee to file your Statement of Claim at the Court of King’s Bench. |
| Medical Reports | $500 to $2,500+ CAD | Fees charged by treating doctors or specialists to summarize your injuries and prognosis. |
Keep in mind that your lawyer typically covers all the out-of-pocket expenses (disbursements) like filing fees and medical report costs as the case progresses. 💰 These are later deducted from your final settlement, ensuring you are not financially burdened while trying to recover.
How Long Does the Process Take?
In Alberta, the Limitations Act generally gives you exactly two years from the date of the accident to file a legal claim. If you miss this crucial deadline, you will likely be permanently barred from seeking any financial compensation, regardless of how severe your injuries are.
Once the claim is filed, trespassing cases can be heavily contested by insurance companies. 📆 It is not uncommon for these specific types of claims to take anywhere from 2 to 4 years to reach a settlement or go to a formal trial, as lawyers will spend significant time arguing over who was legally at fault.
Frequently Asked Questions (FAQ)
Can I sue if there were no “No Trespassing” signs?
The absence of a sign does not automatically give you permission to enter private, enclosed property (like a fenced yard). However, if the property is wide open and looks like a public space, your lawyer might argue you were an implied visitor, which changes the duty of care the owner owes you.
Are child trespassers treated differently in Alberta?
Yes, children are often granted more leeway under the law. Courts recognize that children may be drawn to dangerous things, like construction equipment or unfenced swimming pools (often called an “attractive nuisance”). Property owners are generally expected to take reasonable steps to prevent children from accessing these obvious dangers.
What does “reckless disregard” mean?
Reckless disregard means the property owner knew that a severe danger existed and knew that trespassers frequently visited the area, yet they completely ignored the risk. For example, leaving a massive, hidden sinkhole uncovered in a lot where people are known to cut through at night could be considered reckless.
Does getting bitten by a dog count as a trap?
If a property owner intentionally commands a dog to attack you solely for trespassing, or if they keep an extremely dangerous dog unsecured knowing it will maul anyone who steps on the lawn, they could face liability. However, general dog bites on private property are very complex if you were trespassing.
Should I talk to the property owner’s insurance company?
It is strongly advised not to provide a recorded statement to the property owner’s insurance adjuster without speaking to a lawyer first. Adjusters are trained to ask questions that could get you to admit full fault for trespassing, which could ruin your chance of receiving compensation.
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