Ottawa Accident Lawyers – Ottawa Municipal Liability Lawyers
HOW TO GIVE A MUNICIPALITY NOTICE OF A FALL AND INJURY ON A SIDEWALK OR HIGHWAY
Generally speaking, when a person intends to advance a claim against a municipality for the disrepair of a municipal sidewalk or disrepair of a highway (such as ice, snow, pot hole, crack etc…), they must give WRITTEN NOTICE to the municipality within 10 DAYS of the incident. As your personal injury lawyers, we would deliver this notice to the municipality on your behalf. If notice is not given, it will be difficult for your lawyer to advance a claim. A claim still can be advanced, but it becomes more difficult without the notice as the City can allege they were prejudiced by the lack of notic.
If you want to provide the written notice yourself, please see a sample letter below:
Quinn Thiele Mineault Grodzki LLP – Ottawa Accident and Injury Lawyers (613-563-1131)
Sample Written Notice to City When Fall Occurs on City Sidewalk due to Ice or Snow
** Remember to obtain proof that you delivered this notice!
[insert your address here]
[insert date here]
Attention: Clerk – Legal Notices
The City of Ottawa
110 Laurier Avenue West
Ottawa, ON K1P 1J1
RE: Name of Injured Person: [insert name of injured person here]
Location of Fall or Injury: [insert address of fall here]
Example: on Elgin Street walking south on the west side between Lisgar and Gloucester Streets.
Date of Incident: February 5, 2012
Please be advised that I was injured due to a fall which occurred on Elgin Street while I was walking south on the west side of Elgin Street, between Lisgar and Gloucester Streets, in Ottawa. I slipped as a result of ice and snow [indicate if it is only ice, ice and snow or snow only].
I required medical care. My injuries include the following: [insert injuries here in a general way]
The full extent of the injuries and the impact on me and my family are not yet fully known.
I am formally placing you on notice of a claim for compensation as a result of the injuries I sustained in the fall.
It is my position that, as owner and/or occupier of the property upon which I was injured, you are liable for my injuries sustained from this incident. I rely on the Occupier’s Liability Act and the Municipal Act.
I hereby advise you of a claim against you, which action will include claims for general damages and special damages as well as pre and post-judgment interest and legal costs.
Please acknowledge receipt of this letter and forward this correspondence to your liability insurer and have your insurer contact me directly.
I thank you in advance for your kind attention to this matter. I look forward to your insurer contacting me shortly.
Yours very truly,
[place name of injured person here]