In Ontario, the start of spring often marks the beginning of pothole season. Potholes can be a major nuisance for drivers and pedestrians and can even cause serious injuries. If you have been injured due to a pothole, you may be wondering if you can sue the municipality for damages.
The Regulations set by the province require municipalities to fix potholes of a certain size within a certain timeframe. These Regulations, referred to as Minimum Maintenance Standards, dictate that a municipality is required to start fixing a pothole that is 8 cm deep.
If a municipality fails to follow these standards and neglects their duty of care, they may be liable for damages. This means that if you have been injured due to a pothole that the municipality failed to repair within the required timeframe, you may be entitled to compensation for your injuries.
To prove negligence on the part of the municipality, you will need to gather evidence such as photographs of the pothole, witness statements, and any other relevant information. You will also need to file a claim with the municipality within 10 days of the date of the injury, according to the Municipal Act, 2001.
If your claim is successful, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, it is important to note that the success of your claim will depend on a number of factors, including the severity of your injuries, the extent to which the municipality was negligent, and the quality of the evidence you are able to gather.
If you or your loved one have been injured due to a pothole in Ontario, contact us at JEWELL RADIMISIS JORGE LLP and a member of our team will be happy to guide you through the process of filing a claim and help you to maximize your chances of receiving the compensation you deserve.