While it is hard to get the exact number of personal injury accidents that occur, we still encounter clients filing claims regarding municipal property accidents. You can file a claim to recover losses that occur in accidents involving municipal properties. I am Priashna Singh, head of Singh Barristers, and I would like to inform you about your rights about municipal property accidents. 

The new year has started with a blast. With three major companies releasing their vaccine, we might be witnessing the final days of the COVID-19 pandemic that has been ravaging the world since the fall of 2019. Despite the reinstated lockdown in Europe and the new strain’s fear, the new year looks promising. With all the countries and people trying to move forward, I think this is a great opportunity for Canada to move forward and reach its full potential. In my opinion, one way to move forward is to know and understand our rights.

Slip and fall injuries caused by or involving municipal properties can be claimed to get an appropriate refund. 

You can file a claim to get returns in this regard. The municipality should be responsible for maintaining the roads, rails, bridges, and sidewalks. Under section 44(1) act, all municipalities need to maintain the roads, rails, bridges, and sideways in a proper repair and use state. Section 44(2) states if the municipality fails to keep the above mentioned in good condition, it is liable to pay for the slip and fall accidents caused by the municipal property.

The sidewalks are given an exception by section 44(9) of the municipal act, 2001. It states that if a slip and fall accident occurs on sidewalks, the municipality is not responsible unless the sidewalks have been poorly maintained or unmaintained for two days. This act makes it possible for us to recover the losses that occurred due to the municipality’s negligence. The conditions under which the municipality is liable to the victims’ losses in a slip and fall accident on a sidewalk are as follows. You should carefully examine the conditions mentioned below to completely understand the municipality’s policy towards slip and fall accidents.

• If the municipality doesn’t clear the ice layer for two to three days, that can make the municipality liable for you to press charges.
• If some of the most used sidewalks are not cleared of the snow for a period where it can cause a slip and fall injury, they can be liable. 
• Allowing freezing materials like water, sewage, etc., to run on the sidewalks for days.
• Not providing any safety policy to its citizens using the sidewalks during the fall and winter seasons from the snow and ice.

I urge all my fellow citizens to keep a note of the above points before filing a claim against municipality. Municipality officials regularly take care of the sidewalks, but if you are unfortunate enough to find yourself on one of the less maintained sidewalks and have an accident, please ensure you note when the officials maintained the sidewalk. Slip and fall accident victims should inquire about the recent maintenance history of the sidewalks. In my opinion, the victim should stay calm and try not to panic after the accident. Victims should seek medical attention if seriously injured.

In the case of motor accidents caused by black ice, victims will not have sufficient time to make observations. Black ice motor accident victims can file a claim against the municipality to recover the losses. Motor accidents caused by black ice formed on bridges can be fatal, and getting medical attention should be your priority. Avoid panic braking during the accident and control your car to minimize the losses and casualties. Victims of a motor accident involving black ice can claim both under the auto law and municipality law. In my opinion, filing a claim under the municipality act is a better decision than the other one because of the black ice’s sheer involvement.

The major municipal negligence that can cause serious injuries apart from the roads, rails, bridges, and sidewalks are the municipal construction sites, buildings that are under construction, and demolition. You should take care of the things above you because a falling chunk of concrete can kill you instead of causing damage if you are a pedestrian or a cyclist. Municipalities are responsible for taking good care of construction sites and structures under maintenance to avoid life loss. In my opinion, avoid taking routes that include any new construction or buildings and bridges that are ready to be demolished. Prevention is better than cure. The loss and suffering you would endure because of these accidents are severe. I urge all my fellow citizens to observe any notices placed and act accordingly. You can always file a claim when involved in these accidents, but getting involved in one can be gruesome.

Now that you know you can file a claim when you get involved in an accident involving municipal properties, feel free to contact our lawyers. We at Singh Barristers operate in and around Brampton. We are a group of professional, experienced personal injury settlement lawyers. We value our client’s requests and provide them insights into their claims. It takes a strong firm to stand against insurance giants and municipalities. All our lawyers are well-versed in claim settlements and have enough mettle to stand against the giants.  Due to the pandemic, the state of personal injury claims is not clear. After the reopening of courts and other firms, the criminal and family claims will be prioritized over the personal injury ones. Contact us to get a clear and fast settlement of your claim. Despite your right to file a claim in case of a slip and fall accident or a motor accident involving black ice, taking care to avoid such accidents is always advisable. We take all the precautions and follow the government guidelines to ensure the safety of our clients.