The beginning of spring marked the start of pothole season in Ontario. The constant switching from the minus temperatures to plus tens and fifteens has wreaked havoc on our roads. If you have driven on city and town roads over the past few weeks you can probably attest to this. Other than being a nuisance avoiding them while driving or walking across the street, potholes can actually cause injuries, and serious ones at that. If this unfortunate accident were to happen to you, the short answer to the question “can I sue if a pothole caused by injury?” is yes, you can sue a municipality for damages. However, the likelihood of the success of your lawsuit will depend on a number of factors.
Regulations set by the province require municipalities to fix potholes of a certain size and are required to complete the work within a certain timeframe. These regulations are referred to as ‘Minimum Maintenance Standards’. The minimum depth that a municipality is required to start fixing a pothole is 8cm and; depending on the type of roadway, are required to fix it between 4 and 30 days. A personal injury lawyer would then have to hire an expert to measure the pothole that caused your injury. They would also have to gather information and evidence that can establish how long the pothole had gone unattended by the city.
If you are able to prove a municipality was negligent in their duty of care by not following the minimum maintenance standards, they you could be compensated for your injury. It is important to know you have a time limit when submitting a pothole claim to the city. The Municipal Act, 2001 states that an individual has 10 days from the date of the injury to provide formal notice to a municipality that you will be commencing a claim against them for damages.
If you have been seriously injured as a result of pothole in the province of Ontario, contact Rastin Law at 1-844-RASTIN1 (727-8461). Our team is here to help in the Fight for Right!