Suing a City or Town for your personal injuries is different than suing a private party, and can be much more difficult.

Municipalities in Alberta have a duty to maintain public works, including roads and sidewalks, public parks, recreation centres, etc. As the number of public works in a City and visitors to those work are typically quite high, it is difficult for them to be maintained perfectly all the time.  However, municipalities are required to keep public works in reasonable state of repair, with consideration to the character and location of the road or public work.  In Alberta, the responsibilities of a municipalities are set out in the Municipal Government Act.

While the Municipal Government Act sets out responsibilities of municipalities, it also sets out a number of exceptions to the liability of municipalities and notice periods required by injured parties. Here are some things to keep in mind if you or someone you know has been injured on public property.

  • NOTICE PERIODS ARE VERY SHORT: You are required to notify the municipality of your injury and the event that gives rise to an action within 30 days of the event for most actions, and within 21 days for injuries that are caused by snow, slush, or ice on the roads.  Failure to notify the municipality can bar any action.
    • There are only 3 exceptions to the notice rules:
      • There is a reasonable excuse for the lack of notice AND the municipality is not prejudiced by the lack of notice, or
      • Death occurred as a result of the accident, or
      • The municipality has waived the requirement for notice in writing.
    • As the notice periods for injuries occurring on public property are quite short, it is a good idea to contact a lawyer as soon as possible to get more information about the specifics of your possible claim.
  • A MUNICIPALITY IS ONLY LIABLE FOR HAZARDS IT KNEW OR SHOULD HAVE KNOWN ABOUT: Municipalities have a lot of public works to look after, and inspecting and maintaining them is a large undertaking. Many towns and cities rely on reports of hazards and disrepair from citizens, along with scheduled inspections from bylaw officers. A municipality will not be held liable for an injury unless they knew or ought to have known about the hazard. If the Municipality can show that they took reasonable steps to inspect and repair property, and that they did not receive any reports of the hazard, they may be able to escape liability for the injury caused.
  • FOR CLAIMS INVOLVING SNOW, ICE, OR SLUSH, THE MUNICIPALITY IS ONLY LIABLE IF THEY WERE “GROSSLY NEGLIGENT”: For most personal injury actions, the standard is to show the the Defendant was negligent and that that negligence caused the injury of the Plaintiff. The Municipal Government Act raises the standard for Plaintiffs, as they have to show gross negligence on the part of the Municipality to be successful in their claim for injuries caused by snow, ice, or slush on municipal property. There is no clear definition of what constitutes gross negligence in the Municipal Government Act, and the facts in each case will need to be closely examined.

If you or someone you know has been injured on public property and you have questions and need assistance with how to proceed, contact one of the experienced personal injury lawyers at Brar Law to schedule a free consultation. We are happy to explain the options for recovery specific to your circumstances, and provide legal advice and guidance. Contact us by email at info@brarlawfirm.com or by calling 403-770-9242 to book your free no obligation consultation.