Have you ever been injured while walking on municipal property, such as a park, sidewalk, or public building? If so, you might be wondering if you can take legal action. Under the, 2001, municipalities are required to maintain their property. Failure to do so could make them liable for personal injury claims. Here’s what you need to know about your rights and responsibilities if you find yourself in this situation.
Municipal Responsibilities and Your Right to Sue
The Municipal Act, 2001, imposes a duty on municipalities to keep their property in a safe condition. If a municipality fails to fulfill this obligation and you’re injured as a result, you may have grounds to file a lawsuit. However, if no specific statutory duty exists under this act, your claim will fall under traditional negligence law.
To pursue a claim under traditional negligence, you would need to prove:
- Duty of Care: The municipality owed you a duty of care.
- Breach of Duty: The municipality breached this duty.
- Causation: The breach directly caused your injury.
- Connection: There is a clear link between the municipality’s actions and your injury.
- Actual Harm: You suffered real harm or loss due to the injury.
Important Deadlines and Notice Requirements
If you decide to pursue a claim, be aware of the following critical deadlines:
- Limitation Period: Under the Ontario Limitation Act, 2002, you must file a slip-and-fall or trip-and-fall claim within two years from the date of the incident.
- Notice to Municipality: You must notify the municipality of your injury within 10 days. This notice is crucial for preserving your right to make a claim. The notice should include details about the injury and how it occurred.
Navigating Your Claim
Determining whether you have a valid claim and ensuring that your claim is preserved can be complex. It’s crucial to understand these legal nuances to effectively navigate the process. Consulting with a legal professional who specializes in personal injury law can provide you with the guidance needed to assess your situation and pursue your claim if appropriate. If you have been involved in an incident causing you injury, it's always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (855) 546-2525.