Snowy Bike Lanes & Slip & Falls on Icy Sidewalks

Bloor Street Bike Lane used for snow storage

As snow and ice accumulate across Ontario, pedestrians, cyclists and other mobility device users face increased risk of injury where municipal snow removal is lacking. Whether an unsalted or inappropriately cleared bike lane causes you to crash or you slip on a busy but icy street corner walking to work, if you are injured, you have rights.

However, if you want to exercise those rights there are a few things that you need to be aware of.

10-Day Municipal Notice Period:

One of the most important requirements if you are injured in an incident related to ice or snow, is that you need to comply with the municipal notification period. Injured pedestrians/cyclists are required to notify municipalities of injuries on city-controlled premises within 10 days.

This 10 day “notice period” is extremely important. Many cases have failed because the injured party did not provide notice before the deadline. Most municipalities have an online reporting system that makes filing your notice quick and easy. If you are having difficulty filing your notice make sue to reach out to The Biking Lawyer LLP for assistance.  

With respect to falls or crashes on private property, the Ontario Government made significant changes to the Occupier’s Liability Act that could significantly impact pedestrians injured in Ontario.

As a result of Bill 118, pedestrians (and presumably cyclists) injured in slip and falls are required to notify at least one of the following parties within 60 days:

• Owners or occupiers of the property on which they were injured; OR,

• The snow/property maintenance company responsible for the property on which they were injured

These tight deadlines make it difficult for injured pedestrians to know what to do, especially given that the effects of slip/fall injuries may manifest long after the incident.  Do not take a chance with your health. If you have had an incident it is best to provide notice to anyone that you think may be responsible as soon as possible.   

In the event you are injured in a slip and fall or weather related bike incident, whether you think the a municipality could be liable or not you should take the following steps immediately:

(1)   Document Everything

• If possible, take pictures and measure the dangerous area where practicable using rulers, tape measures, etc. to get the exact height, width, and depth

• Take note of what you were wearing, how you were walking or running, any steps you took to avoid the slip and fall

• If possible, get witness contact information

(2)   Seek medical attention, immediately

• Visit an ER or general practitioner as soon as you can. Discuss your injuries, any mobility issues, and any changes you’ve noticed since the incident. Ensure you follow up with all referrals and medical appointments.

(3)   Don’t wait: contact The Biking Lawyer LLP for a full, free consultation

• After a slip and fall-related injury, time is of the essence, call us at 800-725-0754 or info@thebikinglawyer.ca

(4) Put the municipality on notice within 10 days of the crash

All of these steps are critical, but if you fail to put the municipality on notice within 10 days you may lose your right to claim for damages. Section 44(10) of the Municipal Act provides for the 10 day notice period.

To put the city on notice you must either by email, fax or mail put the clerk of the municipality on notice. There is no standard format for a notice letter, but it should include:

• your identity;

• the date, time and location of the incident;

• how the incident occurred; and,

• your injuries.

  
  

Even if you are unsure if you have a claim, provide the municipality with notice as soon as possible.

This will preserve your rights in the event your injury turns out to be serious or permanent, and begins to affect your ability to work or perform your activities of daily living.

Prevention:

Citizen advocacy is critical, so be sure to report blocked or dangerous sidewalks and bike lanes to your local councillor or appropriate municipal reporting services (see below). Take pictures to accompany your complaint. In reporting hazards that you safely avoid you will be helping your fellow citizens by alerting authorities who hopefully act to remedy the hazard before someone is hurt. If they do not act quickly and someone injures themselves, your earlier report of the hazard will assist the injured party down the road if they advance a lawsuit claiming municipal negligence.

The Biking Lawyer LLP has experienced personal injury lawyers who will guide you through the legal system as you recover, and get you the compensation you need and deserve.

STAY INFORMED

To find your municipalities appropriate contact google City or Town clerk and get their contact information.

Helpful reporting info for municipalities across Ontario:

1. Toronto: https://www.toronto.ca/city-government/accountability-operations-customer-service/complaints-claims-compliments/make-a-claim-against-the-city/how-to-file-a-claim/

2. Hamilton: https://www.hamilton.ca/streets-transportation/streets-sidewalks/road-sidewalk-maintenance

3. Ottawa: https://ottawa.ca/en/3-1-1/report-or-request/claims-city

4. Mississauga: https://www.mississauga.ca/services-and-programs/transportation-and-streets/roads-and-sidewalks/report-road-damage/

5. Newmarket: https://www.newmarket.ca/insuranceandclaims

6. London: https://london.ca/living-london/roads-sidewalks-transportation/maintenance-reporting/report-road-sidewalk-or-pathway

Ride safe and ride often.

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