Filing Claims Against Municipalities for Injuries: Unique Rules in Alberta and How They May Affect Your Case

Navigating the legal claims process after sustaining an injury on municipal property can be daunting. In Alberta, specific rules and regulations govern civil claims against municipalities, making it essential to understand these unique aspects of law to maximize your chances of a successful outcome.

Read on as we discuss what types of injuries an Alberta municipality could be liable for, notice periods and deadlines for municipal claims, proving negligence in public spaces, and common legal defences used by local governments. Our Calgary personal injury lawyers can help you to build a case despite complex procedural rules.

When and Why to Sue a City or Town for Your Injury

Suing a municipality may be necessary if you sustained an injury due to unsafe conditions on public property. Some common scenarios are slip and fall or trip and fall accidents on poorly-maintained sidewalks, injuries from defective playground equipment, or accidents caused by inadequate road maintenance. You might also decide to sue a municipality if you are hurt by a public transit vehicle or while taking transit. Municipalities have a duty of care to ensure public spaces are safe for residents and visitors. When they fail to meet this obligation, they can be held liable for resulting injuries.

Filing a claim against a municipality can help you recover compensation for medical expenses, lost wages, and pain and suffering. It also holds the municipality accountable, potentially prompting improvements to prevent future accidents.

The most well-known types of municipalities are cities and towns. However, Alberta has many other categories of municipalities, which could be either urban or rural. They include, but are not limited to, villages, specialized municipalities, municipal districts (often named “counties”), and improvement districts. Our qualified, experienced personal injury lawyers can help you figure out which government bodies to make your claim against.

Notice Periods and Deadlines for Alberta Municipal Claims

In Alberta, strict notice periods and deadlines apply to civil legal claims against municipalities. Under the provincial Municipal Government Act, or MGA, you must provide written notice of your claim within 21 days of the accident if your claim is related to injuries from snow, ice, or slush on sidewalks and/or roads.

This notice should include details of the injury, the location, and the circumstances leading to the accident. Failing to meet this deadline can result in your claim being dismissed. Additionally, the Alberta Limitations Act imposes a 2-year deadline from the date of the injury to file a lawsuit.

It is crucial to adhere to these timelines to preserve your right to claim damages. Consulting with a lawyer early in the process can help ensure you meet all necessary deadlines. In general, we recommend getting legal advice as soon as possible after an injury.

Proving Negligence in Alberta Public Spaces, Sidewalks, Roads, and More

Since municipalities are responsible for an unusually large amount of land, buildings, and other infrastructure, they are subject to a lower standard of care than other “occupiers” of property, such as business owners or private homeowners. For a municipality to be held liable, it is usually necessary to prove that the municipality or its employees were “grossly negligent” in a way that led to your injury.

Proving negligence in cases involving municipal property requires, firstly, demonstrating that the municipality failed to maintain safe conditions. You must then prove that this failure directly caused your injury. Evidence such as photos of the hazardous condition, witness statements, and maintenance records can be crucial in establishing negligence.

For example, if you slipped on an icy sidewalk, showing that the municipality neglected to clear the ice despite having a reasonable opportunity to do so can strengthen your case. It’s also important to document your injuries and seek medical attention promptly. Thorough investigation and gathering of evidence are essential to building a strong claim.

Different standards of care could apply depending on where and when an accident occurred. In some instances, the provincial Occupiers’ Liability Act may apply, such as within community centres and other buildings owned, occupied, operated, or maintained by a municipality. This act imposes a higher standard of care than the MGA.

Common Legal Defences Used by Governmental Organizations

Municipalities often employ several legal defences to contest injury claims. One common defence is arguing that they exercised reasonable care in maintaining the property and that the hazardous condition was not present long enough for them to address it.

Another defence is contributory negligence, where the municipality claims that the injured party’s actions contributed to the accident. For instance, a municipality might argue that you share responsibility for an injury because you were distracted or wearing inappropriate footwear.

Understanding these defences and preparing an effective response is crucial for a claim to succeed. Our experienced lawyers can help anticipate and address these challenges.

How a Lawyer Can Help You Pursue Compensation Despite Complex Procedural Rules

We are experienced in negotiating with city officials and their lawyers on your behalf. We can keep track of any deadlines for filing documents and respond to letters or phone calls from the municipality. Additionally, our lawyers can provide valuable advice on countering common legal defences and what evidence you will need to support your account of what happened.

Evidence from the accident scene and expert witness testimony may be very useful to building your case. We have a full-time investigator who can gather physical evidence for you, such as surveillance camera footage of the accident. The sooner that evidence is collected and preserved following an accident, the better.

We can also retain qualified experts such as doctors and psychologists. They can examine you and prepare reports on how your injury has affected your health and quality of life.

Call Us for a Free Initial Consultation About Your Injury on Alberta Municipal Property

We represent clients according to contingency-fee retainer agreements. This means that you do not have to pay our firm for any legal services or advice unless we win compensation for you.

If you believe that you or someone you know was injured due to a municipality’s negligence, we provide a no-obligation, free initial consultation so you can tell us about your accident in detail and receive specific advice from our Calgary personal injury lawyers. We encourage you to call our 24-hour toll-free line at 1-888-494-7191 or come visit our office in downtown Calgary to set up an appointment today.