So, you’ve been injured on public property. You’re probably wondering what your next step is to get compensation for your injuries. In Ontario, when you fall on public property that is owned by the government, there is a very short window to make the municipality aware of your potential claim, failing which, your claim may be barred.
There are many different types of incidents which can result in a claim for compensation from the government, such as:
- A slip and fall on a sidewalk or in a parking lot
- A car accident due to snow accumulation on the road, or poor maintenance of the traffic signals
- Injuries caused by faulty playground equipment
- Injuries on public transportation
- Injuries at government owned buildings, such as libraries, tax offices, post offices, etc.
If one of these incidents happens to you, there are a few important steps you must take:
Prioritize Medical Attention
Immediately following the accident, you are the most important thing to think about. Your first concern should be your health and safety, and therefore, your first steps should be getting yourself to a safe place, and getting medical attention. Even if you think your injuries are minor, it is important to have them properly looked at and documented by a medical professional.
Document the Hazard and Collect Witness Information
The next important step, is to take pictures and videos of the incident location. This can be done by you, should you feel up to it following your injury, or a friend or family member. It is helpful to make note of any ice, slush or snow buildup as well as any cracks, poor lighting, unusually high curbs, or other potential hazards. It is also helpful if you take photos of your shoes (including the soles) and your clothing. Another helpful step is to get the names and contact information for anyone who may have witnessed the incident.
Notify the Municipality
Your next step, will be to notify the municipality. This is a very important step that needs to be done within 10 days of the incident or else you may jeopardize your ability to claim compensation from the municipality going forward. Under Ontario’s Municipal Act, 2001, if you are injured on a property owned by the city or municipality, you are required to provide written notice within 10 days that includes:
- The date and time of the incident
- The exact location where it occurred
- A description of what happened, and any injuries sustained.
While this deadline seems short, it allows the city or municipality a chance to address the hazard quickly so no further injuries occur. This notice is separate from the generally applicable 2-year limitation period for filing a lawsuit in Ontario, which begins at the same time as the 10-day notice period.
In Ontario, the law dictates that notice must be provided to the clerk of the municipality. It is best to personally deliver your notice or send it by registered mail to ensure that it is received within the 10 days. Contact information for the City Clerk can generally be found on the city’s website.
If you are unsure who owns the property on which the incident took place, it is best to err on the side of caution and send notice to the municipality, and notify the property owner/manager. It doesn’t hurt to duplicate the notice; however, it could hurt your chances of pursing your claim if the notice period is missed.
If the 10-day notice period is missed, there is potential that it can have detrimental consequences to your case. According to the Municipal Act, if the municipality isn’t notified within 10 days, you can be barred from claiming for the damages for your injuries. However, it is not the be all and end all; it is recognized that sometimes people have a good reason for missing the deadline. Under section 44(10) of the Municipal Act, the court can still allow your claim if you can show that you had a reasonable excuse for delay, such as being incapacitated due to severe injuries, were in the hospital for a prolonged period, or did not realize the severity of your injuries, and that the municipality will not be prejudiced by the late notice. However, simply not knowing about the 10-day notice period is not a valid excuse on its own.
While immediately following the incident, the 10-day notice period is the critical first step, there are other deadlines that may be looming. If you are injured on a government property, contact Beckett Personal Injury Lawyers to guide you through the minefield that is municipal, and other, notice periods and deadlines for personal injuries on government owned property.
