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When Injuries Happen on Someone Else’s Property: What Parents Should Know About Occupiers’ Liability

Playgrounds, festivals, day camps, and other summer activities often bring families to both public and private spaces across Alberta. While these outings are meant to be enjoyable, accidents can occur. When they do, it is important for parents to understand their legal rights. If a child is injured due to unsafe conditions on a property, Alberta’s Occupiers’ Liability Act may offer a potential avenue for legal recourse.

Under the Act, an “occupier” is someone who owns, manages, or controls a property. Occupiers have a legal duty to ensure the premises are reasonably safe for individuals who are permitted to be there. This duty extends to both public and private spaces. When the injured party is a child, the legal standard is even higher. Children are owed additional protection due to their limited ability to recognize and avoid danger.

To succeed in a claim under the Occupiers’ Liability Act, it must be shown that the occupier failed to meet the required standard of care, and that this failure caused the injury. Examples may include broken playground equipment, poorly maintained walkways, or a lack of proper supervision at a public event. In one notable case, a venue was found liable after directing attendees down a slippery hill without adequate signage or alternative routes, leading to serious injury.

Injuries on public property, such as municipal parks or recreational spaces, come with an added legal consideration. Alberta law requires written notice to be provided to the municipality within 21 days of the incident. If this notice is not given, the claim may be barred unless certain exceptions apply. For this reason, families should not delay in seeking legal advice when a child is injured on public land.

It is understandable for parents to question whether an injury justifies legal action. While minor scrapes and bruises are common, incidents involving unsafe conditions that result in medical treatment, lost school time, or lasting effects should not be dismissed. When in doubt, it is best to consult a lawyer to assess whether the circumstances merit a claim.

Concerned about a property-related injury involving your child? Call Weir Bowen LLP at 780-424-2030 or fill out our online form to speak with a member of our team.

Posted on July 21, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
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The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

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