What is the responsibility of a city or municipality towards a citizen who has suffered damage to his vehicle caused by potholes? Here is a short guide on claims against cities in such a situation.
A civil liability action
The burden of proof of a person who makes a claim is always based on the 3 criteria of civil liability provided for in article 1457 of the Civil Code of Québec : fault, damage and causation.
Every person has the duty to respect the rules of conduct which, according to the circumstances, customs or the law, are binding on him, so as not to cause harm to others.
It is, when it is endowed with reason and fails in that duty, liable for the damage it causes by that fault to others and is bound to make reparation for that damage, whether bodily, moral or material.
It is also required, in certain cases, to make good the damage caused to others by the act or fault of another person or by the fact of the property in its custody.
So, first, it is necessary to establish the fault of the city by its lack of maintenance of a street. This proof is done by the balance of probabilities.
Then, you must prove the material damage suffered by your vehicle (punctures, breakage, etc.) as well as the value of this damage. Finally, it must be established that the material damage is related to the fault of the city.
Proving the city’s negligence in road maintenance
First of all, it is necessary to examine whether the city or municipality was negligent in its maintenance of the premises where the accident occurred. In order to prove the fault of the city, it will be important to take photographs of the place and even videos.
Next, we must look at the extent of the pothole, which will demonstrate the negligence of the city in supervising the condition of its streets. It is also necessary to prove the absence of signs to warn of the risk and the condition of the roadway.
The city’s behaviour following the denunciation of the problem may also demonstrate shortcomings and negligence in remedying a problem or adequately maintaining its road network.
Exemption from the city’s liability
Cities and municipalities often use a provision in the Cities and Towns Act or the Municipal Code to exempt themselves from liability for material damage caused by potholes. The article in question provides that:
The municipality is not responsible for the damage caused by the presence of an object on the roadway or on a pedestrian or bicycle path.
It is also not responsible for damage caused by the condition of the roadway or bike lane to the tires or suspension system of a vehicle.
Indeed, this is a presumption provided for by the Law and it is up to the plaintiff to prove gross negligence or wilful misconduct on the part of the city, engaging his responsibility.
The Civil Code defines gross negligence as follows:
A person may not exclude or limit his liability for material damage caused to others by wilful misconduct or gross negligence; gross negligence is that which indicates recklessness, recklessness or gross negligence.
Submit a notice of claim on time
To claim compensation for property damage caused by a pothole, you must send a notice of claim to the city or municipality within 15 days of the occurrence of the event. It is important to keep proof of the sending of the claim, to prove that you have respected the deadline in case of dispute.
Several cities provide the claim form on their websites. For example, here are the forms for Montreal and Quebec City: City of Montreal, City of Quebec.
We remind you that it is important to send the notice of claim as soon as possible to meet the 15-day deadline.
Bring an action before the competent court
For a recourse valued at less than $15,000, the competent court is the Court of Québec, Small Claims Division, in the judicial district where the accident occurred.
If you have suffered bodily injury by falling on a poorly maintained sidewalk (slippery, snowy, presence of holes), contact us. Our firm will advise and guide you in your civil liability claim.
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