Most of the time, the sidewalk in your neighbourhood is probably a safe and convenient place to go for a stroll. However, sometimes sidewalks can shift, crack, deteriorate, and in the winter season become covered in ice or snow, as we saw recently with this early blast of poor weather conditions. When a dangerous condition is present and leads to a fall and injury, can the municipality be held responsible?
If the condition was related to the accumulation of ice or snow, a municipality will only be held responsible if it was “grossly negligent” in its failure to keep the sidewalk clear. Gross negligence has not been clearly or consistently defined by Ontario’s courts. Rather, it has been said that a finding of gross negligence depends on the facts of each case. If the condition was not related to ice or snow, standard principles of negligence apply. In other words, if the municipality acted unreasonably and this caused an injury, liability may follow.
Of course, it is still important for sidewalk users to be mindful of where they are walking. For example, if a person is busy texting and fails to see an obvious potentially dangerous condition, they could be found all or partially responsible for their own injury.
There are very short notice provisions for injuries occurring on municipal property. As such, it is important to bring such injuries to the attention of a lawyer or the appropriate municipal office as soon as possible.
Adam Little was a featured guest on Global News Radio 980 CFPL – London in December 2019, speaking about the topic of ice-covered sidewalks, potential pedestrian negligence, and determining liability on the part of a municipality:
