With the snow, the ice and the cold weather in winter, the risk of a fall and injury to yourself while moving around or participating in winter activities is increased. While these incidents may be accidental, the municipality may in fact be held liable when an injury is sustained.

The Municipality’s Obligations in Winter

When the winter season begins, municipalities have several obligations and duties to ensure the safety of pedestrians. They must ensure that streets and sidewalks are cleared of snow and well maintained.

However, it is important to remember that these obligations are not absolute since municipalities cannot be required to clear snow perfectly in all circumstances and at all times. However, they must have a snow removal plan, sufficient machinery, equipment and employees for the size of their respective territory and be able to demonstrate that they have acted in a reasonable manner and according to the standards in this matter.

When the municipality does not meet the standard of reasonableness, it commits a fault and may be held civilly liable when damage is suffered and a causal link exists between the fault and the damage.

Similarly, municipalities that offer recreational and sports facilities open to the public, such as skating rinks, sliding hills, etc., must also ensure that the facilities are maintained in a reasonable manner and pay particular attention to the safety of the premises.

If you are the victim of a fall on a sidewalk or in a municipal playground, contact us.

And if you witness a nasty fall, do not hesitate to lend assistance to the person who slipped and fell. The notion of protection for the good Samaritan, as its name suggests, is there to protect you when you help someone.