Introduction
When someone is injured on municipal property in Saskatchewan, a key question arises: Can the municipality be held responsible? At Procido LLP, we regularly advise individuals and municipalities on the legal issues that follow incidents on public property—like icy sidewalks, unsafe walkways, or poorly maintained facilities.
The law around municipal liability is nuanced, but one thing is clear: understanding your rights and responsibilities—whether as a resident or a local government—is essential. This article outlines key considerations for both sides, aiming to foster accountability, safety, and clear communication between municipalities and the communities they serve.
What Is Municipal Liability?
Municipalities and Cities across Saskatchewan are governed by The Municipalities Act and The Cities Act depending on their size,1 which sets out their responsibilities in maintaining public spaces. These include everything from sidewalks and roads to parks, recreation centres, and libraries. Municipalities have a duty of care to keep these areas in a reasonably safe condition for the people who use them. If someone is injured because that duty was breached—perhaps due to icy conditions or neglected repairs—the municipality may face legal liability.
From a resident's perspective, this duty means that you have a right to expect basic safety on public property. From a municipality's perspective, it highlights the importance of regular inspection, timely maintenance, and clear documentation of safety efforts, especially if such maintenance is contracted out to a third party.
Common Accident Scenarios: How Residents Get Hurt
Most legal claims involving municipalities stem from common, everyday scenarios often tied to environmental conditions or maintenance lapses. These include, but are not limited to:
- Slipping on uncleared snow or ice on sidewalks or steps
- Tripping over uneven pavement or broken curbs
- Falling due to poor lighting or obstructed pathways in public parks
- Being struck by construction materials or vehicles during road work
- Injuries from malfunctioning municipal equipment, such as doors or elevators in public buildings
These incidents may seem minor at first, but they can lead to serious injuries—particularly for seniors or people with mobility challenges. Understanding whether the municipality took reasonable steps to prevent the accident is critical in determining whether legal action is appropriate.
For Municipalities: What the Law Expects
Municipalities are not expected to prevent every injury, but they are expected to take reasonable steps to reduce foreseeable risks. This includes clearing snow and ice within a reasonable timeframe, maintaining sidewalks and roads, addressing public complaints, and warning the public about known hazards.
In the landmark Nelson (City) v Marchi, 2021 SCC 41 decision, the Supreme Court of Canada ruled that snow removal is an "operational" responsibility—not a protected "core policy" decision. That means municipalities can be sued for injuries caused by negligent snow removal practices, such as failing to sand icy sidewalks or not clearing snow in a timely manner.
Clear internal policies, inspection protocols, and a culture of proactive maintenance go a long way in protecting the public and limiting legal exposure for local governments.
The Importance of Contract Review and Liability
Coverage
When municipalities contract out the work and
responsibility of maintaining public spaces, such as snow removal,
landscaping, or facility repairs, it is essential to have clear,
written agreements that outline the roles, responsibilities, and
liability obligations of all parties involved. Careful contract
review ensures that municipalities are properly protected against
third-party negligence and that sufficient liability insurance
coverage is in place. Without these safeguards, municipalities may
find themselves exposed to legal claims even when the fault lies
with a contractor.
Proper documentation and well-drafted contracts are critical tools for managing risk and ensuring accountability when public safety is at stake.
Notice Requirements: Why Time Matters
One of the most important legal rules that residents must understand is the notice requirement. If you are injured on municipal property—especially a road, sidewalk, or public path—you must give written notice to the municipality within 30 days of the accident. This written notice must explain when and where the incident happened, how it occurred, and what injuries were sustained.
While there are exceptions to this rule, particularly for minors or those with valid medical reasons, missing the notice window can significantly weaken a legal claim. That's why we recommend anyone injured on municipal property to consult a lawyer as soon as possible.
For municipalities, this notice period is an opportunity to respond quickly, investigate the circumstances, and—where appropriate—work toward an early resolution or improvements to public safety.
Beyond Slip and Fall: Broader Risks and Responsibilities
Although most claims involve slip, trip, and fall accidents, municipal liability can arise in other, less obvious situations. For example, a municipality may be responsible for:
- Contaminated drinking water or unsafe utility services
- Injuries from toxic materials or faulty infrastructure
- Harm caused by contractors or third parties working on municipal property
In some cases, municipalities may share liability with private contractors who performed the work. A legal analysis can help identify all responsible parties and clarify where the duty of care was breached.
What Can Be Claimed?
If a municipality is found legally responsible, an injured person may be entitled to claim:
- Compensation for physical pain and suffering
- Medical expenses and rehabilitation costs
- Lost income and future earning potential
- Expenses for future care
- Damages for loss of companionship or care (in some cases)
The amount of compensation will depend on the specific facts of each case, including the severity of the injury, the person's age and health, and whether any part of the accident was the individual's own fault.
For municipalities, understanding the types of damages that may be awarded helps with risk management and future claims planning.
How Procido LLP Can Help
At Procido LLP, we believe legal guidance should empower both individuals and institutions. For injured residents, we provide clear, compassionate legal advice and representation—whether negotiating a fair settlement or advocating in court. For municipalities, we offer strategic guidance on risk prevention, liability assessment, and early dispute resolution.
By working with both sides of these issues, we help ensure safer communities and better outcomes.
If you're a Saskatchewan resident who's been hurt on public property, or a municipal official looking to understand your legal obligations, Procido LLP is here to help. We're not just here to litigate—we're here to inform, advise, and build safer communities through the law.
Residents: Don't wait. Strict deadlines apply to municipal claims. Contact us today to schedule a free consultation.
Municipalities: If you're seeking legal insight into risk management or would like to review your policies, reach out. We're happy to provide proactive guidance.
Footnote
1 In northern communities, The Northern Municipalities Act may govern a municipalities obligations in place of either The Municipalities Act or The Cities Act.
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.
