Slippery sidewalks and icy pathways can lead to serious injuries in the winter. If you've been injured in a slip and fall on public property, knowing who's responsible is essential.
You are injured walking on a sidewalk or another public space. Perhaps it's because it was icy, and you lost your footing. Maybe it was because the sidewalk was poorly maintained, and your foot was caught in a gap or on the edge of an improperly placed sidewalk panel. However it occurred, you were injured and injured on public property.
In cases like these, who is responsible for your injuries?
In short, there are two groups who will usually be responsible for any negligence on public property: the local government, or someone the local government has contracted maintenance to.
If you are injured in a slip and fall at a Canadian National Park, the Federal Government would generally be responsible for maintaining and ensuring that no hazards are present. Similarly, if you are injured from a fall on Provincial Property such as a BC highway, it is the Provincial Government's responsibility. If you fall on a sidewalk or in a public parking lot in a municipality, it is that municipality's responsibility.
However, governments have the ability to contract with companies, and in those cases, the responsibility may fall on someone other than the government. A common example is snow-clearing services. If the province hires a company to salt, sand, and clear the sidewalks, and the company misses a patch of ice, then the company may be the one responsible for your injuries.
When dealing with public property, it is important to notify the government of the injury as soon as possible. In cases involving a municipality, a failure to notify the municipality of the injury within a certain time frame (usually 21 or 30 days, depending on the cause) may limit your ability to bring a claim later on.
Determining fault and liability in slip and fall cases can often be more difficult than it seems. While it is usually straightforward to figure out who was responsible for the area (e.g., the local municipality, the Province, or a private owner), it can be much more difficult to determine if their action or inaction created liability on their part.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
