Have you fallen on a municipal sidewalk or property?

If you have fallen on a municipal sidewalk or property, you have NINETY (90) DAYS to notify the city clerk in writing of the event.

If you suffer a fall on someone else’s property due to their negligence (failing to clear snow and ice, failing to repair a crack or unusual danger, or any other failure by the property owner), you can commence a legal action for damages. This includes large property owners such as local businesses, landlords of commercial or residential properties, or municipalities. For any property owner, sometimes there will be a failure to remove snow or ice within their regular maintenance guidelines or standards. If this occurs, and a person falls and is injured, then that person can sue for damages.

However, if someone wants to sue a municipality, for example, the City of Fredericton, then according to the New Brunswick Local Governance Act, they must notify the city clerk in writing within 90 days of the injury. Having said that, the 90-day period does not begin until an individual is physically and mentally capable of giving notice.

Failure to notify the local government within the 90 days means that an individual is unable to sue later. However, there are circumstances where a person might be able to sue even if they do not notify within the 90-day period, for example:

1. There is a reasonable excuse as to why they did not notify, and the local government would not be negatively affected by the lack of notice;

2. An individual died as a result of the event that occurred and that is what the claim relates to;

3. The individual making the claim that they were injured lacks physical or mental capacity to give notice;

4. The local government itself waives the notice requirement.

There are exceptions under the Act to the 90-day notice requirement, but none have been raised by an individual who sustained a personal injury on a place owned or maintained by a local government. This means that if an individual is capable of notifying the local government within 90-days, then they should do so immediately.

Information used

Statute:

Local Governance Act, SNB 2017, c 18

Definition of “local government” under the Act
“local government” means a municipality, rural community or regional municipality. (Gouvernement local)

181(1) To bring an action against a local government for damages for personal injury resulting from the local government’s failure to reasonably maintain sidewalks or places owned or maintained by the local government, a person is required to notify the clerk of the local government in writing of the event that gives rise to the action within 90 days after the occurrence of the event.

181(2) Failure to notify the local government within the time required by subsection (1) bars the action unless (a) the claimant has a reasonable excuse for the lack of notice and the local government is not prejudiced by the lack of notice, (b) the claim relates to the death of a person as the result of the event complained of, (c) the claimant lacks the physical or mental capacity to give the notice, or (d) the local government waives the notice requirement.

181(3) Despite subsection (1), the 90-day period refer-red to in subsection (1) begins when a claimant referred to in paragraph (2)(c) is capable of giving the notice.