Legal Guide

Pedestrian Claims Against Municipalities

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Pedestrian Claims Against Municipalities

Pedestrian accidents don't always involve careless drivers; sometimes, the danger comes from unsafe sidewalks, unmarked crosswalks, or poor maintenance by the municipality itself.

When a city or town fails to repair broken pavement, remove ice, or maintain safe intersections, pedestrians can suffer serious injuries. These cases are often complex because suing a municipality involves unique deadlines, defenses, and legal standards.

As Alberta injury lawyers who have handled numerous municipal liability cases, we know how to navigate these challenges and hold public authorities accountable. This guide explains when and how pedestrians can bring claims against municipalities, what evidence matters most, and how to protect your right to compensation.

When a Municipality Can Be Held Liable

Municipalities in Alberta are responsible for maintaining public sidewalks, crosswalks, and roadways in a reasonable state of repair. If they fail to meet that standard, they can be held liable for injuries caused by unsafe conditions.

Common municipal hazards leading to pedestrian claims include:

Icy or Unplowed SidewalksAfter snow or freezing rain.
Broken or Uneven PavementCrumbling or damaged sidewalk surfaces.
Poorly Designed CrosswalksUnsafe intersections or crosswalk design.
Insufficient LightingMissing signage or poor lighting conditions.
Potholes or Construction HazardsIn pedestrian paths.
Blocked Curb RampsUncleared curb ramps for wheelchair or stroller access.

The Municipality's Duty of Care

Municipalities owe a duty of care to maintain safe public walkways and crossings, similar to drivers' duty to pedestrians. The standard for this duty is "reasonableness," not absolute safety.

1

Had a Reasonable Inspection System

Had a reasonable **inspection and maintenance system** in place.

2

Knew or Should Have Known

**Knew or should have known** about the defect or hazard.

3

Failed to Repair or Warn

Failed to **repair or warn** within a reasonable timeframe.

4

Followed Policies and Procedures

Followed its own **policies and procedures** for snow and ice removal.

Notice Requirements for Municipal Pedestrian Claims

Municipal claims are subject to special deadlines. Pedestrians must **provide written notice to the municipality within 21 days** if the injury occurred on a sidewalk, pathway, or other municipal surface.

Date and Time

The **date and time** of the accident.

Exact Location

The **exact location** (street name, address, or nearby landmarks).

Brief Description

A **brief description** of what happened and resulting injuries.

Steps to Take After a Municipal Pedestrian Accident

Taking immediate action after a municipal pedestrian accident is crucial due to the 21-day notice requirement:

Call 911

Request medical help if needed.

Take Photos

Of the scene, showing the hazard and surroundings.

Get Witness Contact Details

Immediately.

Note Date, Time, and Location

As precisely as possible.

Keep Your Footwear and Clothing

They may be important evidence.

Report the Hazard to the City

In writing within **21 days**.

Contact an Alberta Pedestrian-Injury Lawyer

As soon as possible.

How a Lawyer Proves Municipal Negligence

Municipal liability claims require technical, procedural, and factual evidence. A lawyer will:

Request Maintenance Records

Request **maintenance and inspection records** from the city.

Obtain Incident Reports

Obtain **incident and weather reports** to show the hazard existed.

Take Photos and Measurements

Take **photos and measurements** of the defect or surface condition.

Locate Witnesses

Locate **witnesses** who observed the hazard before the accident.

Retain Engineering Experts

Retain **engineering or safety experts** to assess repair standards.

Identify Contractors

Identify any **contractors** responsible for snow, ice, or construction zones.

Case Example

A Calgary pedestrian slipped on an icy downtown sidewalk that hadn't been salted for over 12 hours. The city claimed recent snowfall excused the hazard. Our investigation found maintenance logs showing no inspection during that period. The claim settled for **$285,000**, covering rehabilitation and income loss.

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Frequently Asked Questions

Conclusion

Municipalities have a duty to keep Alberta's sidewalks and crossings safe for everyone — but when they fail, injured pedestrians have legal rights. These claims require fast action, detailed evidence, and a deep understanding of municipal liability laws.

Get medical attention immediately

Take photos and gather witness details

Report the hazard in writing within 21 days

Contact an experienced Alberta lawyer right away

Contact us today for a free consultation. No fee unless we win.

Pedestrian Claims Against Municipalities | Legal Guide | Shiv Ganesh