All municipalities in Ontario are responsible for maintaining their public roads, sidewalks, and bridges, crucial for preventing personal injury. They must ensure that they are in a safe and usable condition. So, if you trip, slip, or otherwise hurt yourself on a city road, sidewalk or bridge because it was not reasonably maintained, you may have a claim against the municipality where it occurred.
But, suing the city is not as simple as you may think. Here are five things that you should keep in mind before you decide to sue the city for your injuries:
YOU HAVE 10 DAYS TO GIVE THE CITY "NOTICE" OF YOUR CLAIM
Section 44(10) of the Municipal Act, 2001, says that if you are injured on a public road, sidewalk or bridge and you plan to sue the city, you must send a written letter via registered mail, or deliver it in person, to the municipal clerk within 10 days of the date you were injured.
If you miss this deadline and you still want to sue the city, you must notify them of your claim as soon as possible and prove to the court that you had a very strong reason for the delay, such as a long hospital stay.
This short deadline can be very distressing, especially if you are hospitalized or in pain resulting from your injuries.
If you need help deciding whether you should sue the city, or to write that letter, our Lerners personal injury lawyers are happy to meet with you on short notice to help you through this difficult time.
THE CITY'S RESPONSIBILITIES CHANGE IF YOU ARE INJURED RESULTING FROM A SLIP AND FALL ON SNOW OR ICE ON A PUBLIC SIDEWALK
In most situations, if an accident occurred on municipal property, you will only have to prove that the city was negligent, meaning that they failed to do what a reasonable person would have in the same circumstances.
For example, if the city failed to repair or at least point out a pothole on the sidewalk, they are held to the traditional negligence standard.
In cases where you have slipped on ice or snow and became injured as a result, the courts have said that the city is not responsible unless they have been "grossly negligent" in maintaining that public sidewalk. This is a much higher bar.
An example of when the courts have found that a city has been grossly negligent is where the city has left ice on the sidewalk for a prolonged period of time.
THE CITY MIGHT HIRE A PRIVATE INVESTIGATOR
In many personal injury claims, the defendant (the city) will hire a private investigator to take surveillance of the person suing them.
What the private investigator is looking for is evidence of your injuries or impairments. They are looking to see if your limitations are consistent with what you have reported or whether you may have exaggerated or misstated your condition.
Observations that seem to confirm your injuries may be helpful but inconsistencies or evidence of exaggerating or even being untruthful can be damaging to your case.
It is also common for defendants to review your social media account to look for similar information. It is very important to be truthful and as accurate as possible when describing your injuries and impairments.
YOU (LIKELY) WON'T HAVE TO PAY YOUR LAWYER UNLESS YOU WIN
In most injury cases, your lawyer will operate under a "contingency fee agreement" with you.
This is a contract that sets out the terms of your relationship with the lawyer and law firm, including how legal fees and disbursements are paid. Under such an agreement, your fee is calculated as a percentage of whatever amount your lawyers are able to recover for you.
There may be other factors to be considered depending on your case, but in most situations, we are able to proceed on the basis of a contingency fee agreement and no cash retainer is required.
YOUR CASE WILL PROBABLY SETTLE
The majority of lawsuits end in a settlement rather than going to trial.
A settlement is an agreement between you and the other party or parties (in this case, the municipality), to resolve the lawsuit without the need for attending court.
Most settlements involve the defendant paying the injured person an agreed-upon amount for their losses in exchange for ending the legal action.
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