A municipality must maintain roads and sidewalks in its territory. This means that in winter, pedestrians must enjoy a relatively safe and unobstructed passage over sidewalks, crosswalks, and other high-traffic areas such as bus stops.

However, municipalities are not insurance companies. Pedestrians should be familiar with our climate and consequently assume certain risks associated with walking outdoors in the winter. This is why you are not automatically entitled to compensation for damages if you fall on a sidewalk. In fact, in order to obtain compensation you must prove that the municipality negligently maintained its sidewalks, taking into account the impact of weather conditions.

A municipality has an obligation to pedestrians to take the precautions that any prudent person would take under the same circumstances. In practice, this means that the municipality must employ sufficient workers needed to clear the roads and sidewalks. The municipality also has an obligation to clear the streets where it is needed most within a reasonable time limit and, for example, according to the snow-removal and sanding priorities set out in its winter maintenance policy.

Yes. When this happens, the damages a municipality at fault must pay will be reduced. Here are some of the factors taken into consideration:

• inattention of the pedestrian;
  
• unsuitable shoes for the type of weather (for example, a pedestrian wearing high-heel boots or soles with no treads on an icy sidewalk may be found partially, or fully, responsible for the fall);
  
• the victim’s knowledge of the state of the sidewalk (for example, the courts look harshly on careless people who walk on dangerous or poorly maintained walkways);
  
• the victim’s age (older people are asked to take extra precautions when walking in poor conditions – walk accompanied by another person, use a cane, etc.).

No. A municipality’s obligation to maintain applies to all pedestrians using its walkways, not just taxpayers.

According to the law, people are only allowed to cross the road at an intersection. This is why the courts have held that municipalities are obliged to ensure that the roadways are safe for automobiles, not pedestrians. Unless a physical obstacle prevented you from crossing the street at an intersection, any legal action you take after falling on an icy roadway between two intersections could be rejected by the court.

Of course, since every case is different, only a legal professional who knows all the facts of your own case could tell you whether the municipality would be responsible.

No. A municipality may state in its winter snow-removal and maintenance policy that only a certain number of sidewalks will be maintained for pedestrian circulation. Anyone, other than residents leaving their homes, choosing to walk on roads that have not been maintained does so at his own risk.

Generally, no. The courts have repeatedly ruled that a municipality’s obligation to maintain roadways does not extend to alleyways because they are not intended for pedestrian use. However, because pedestrians do use alleyways, a municipality may be held responsible if the court finds that there was a “trap”. A trap, for example, could be a speed bump that is not visible at night nor indicated.

No. People seeking reparations for bodily injuries no longer need to send a notice to the municipality in the days or weeks following the accident. Still, if you seek compensation, you must begin proceedings within the time limit provided by the law. These time limits are explained in the next few questions.

If you want to sue a municipality for bodily damages (broken bone, fracture, etc.), you must file an action within three (3) years of:

• the accident; or
  
• the date on which the injury first appeared (if it did so gradually).

If you want to claim material damages (damage to your vehicle, home, etc.), you must send a notice to the municipality within the time period specified by law, or else you may lose your right to compensation. Once you send this notice, you have 6 months to begin a lawsuit for damages. The time limit to send a notice can change from one city to another, depending on whether it is included in the Municipal Code, the Cities and Towns Act or the charter of the municipality. To learn what applies in the municipality that concerns you, we recommend that you consult the public service of the city or town, or speak with a lawyer.

A written notice sent to a municipality should include the following information:

• the circumstances surrounding the incident;
  
• your contact information;
  
• your intent to sue the municipality for damages.

Essentially, you must give the municipality enough information so that it may verify the circumstances surrounding the incident. Only the complete failure to send a notice will make your claim impossible.

No. The court has the discretion to protect your right of action if it feels that you had a serious enough reason for failing to send a notice or for having sent it late.

Still, since this depends on the discretion of the court, we recommend that you do everything possible to send the notice within the time limit, because there is no guarantee that the court will accept your excuse.