The Ten Day Notice Rule – Accidents on Public Property

Last week, we talked about what to do if you are injured in a slip and fall accident. This post looks specifically at slip and falls, and other accidents on public property and sidewalks, which must be reported to the relevant municipal authority within ten days.

Accidents that happen on private property

If you are injured on private property, such as in someone’s backyard, or in a business, you may have a negligence claim against the occupier of that property, if they failed to ensure the property was reasonably safe. The Occupiers’ Liability Act sets out the legal obligations for an occupier.

Accidents on public property

Often, slip and fall accidents happen on property that is maintained by local government. In Ontario, the Municipal Act sets out some specific requirements for negligence claims arising from injuries suffered on public property. Specifically, any potential claimant that wishes to pursue a claim against a municipality must give notice to the municipal clerk within ten days of their accident. This notice must include the date, time and location of the accident, and must be sent by registered mail.

After giving notice, there is no obligation or requirement to follow through with a legal claim. However, unless a plaintiff has a reasonable excuse, such as being so seriously injured that they are unable to give notice, failure to follow the ten day requirement can be fatal to a negligence claim against a municipality.

Get prompt legal advice after accidents on public property

At Jasmine Daya & Co., our skilled personal injury lawyers offer free consultations to new clients that have been injured on public property. We can quickly review your situation and provide notice to the municipality if necessary, which can protect your rights to bring a legal claim in the future.

Our lawyers have over four decades of experience advising accident victims, including those that have been injured on public property. To speak to a member of our team about a potential claim, contact us online or call 416-967-9100.