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Legal Minute: Sidewalk Falls

You don’t need an injury lawyer, until you do.

Sometimes you need him right away.

A person who falls on a municipal sidewalk due to ice or snow MUST tell the city, township or town about it in writing within 10 days of the fall.

This is called a Notice Period. Failure to provide this notice could result in a dismissal of your claims.

The notice must contain a concise description of where you fell, what caused your fall and your injuries.

It must be delivered directly to the Municipal Clerk within the 10 day period.

If you’ve missed the Notice Period, you should still talk to a lawyer. Here’s why: the Municipal Act contains some forgiveness in limited circumstances.

Boundaries between what is city sidewalk and what is not city sidewalk can get complicated. If you’re not sure if the City owns the sidewalk where you fell, you should give notice anyway.

You don’t need an injury lawyer, until you do. Sometimes you have no more than 10 days to figure out if you do.

Contact Bergeron | Clifford LLP

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