Snowy or icy sidewalk season is in full swing, leading to serious falls every year. And sometimes municipalities pay compensation to the victims of these falls.
This was the case of a substitute player who received a sum of more than $28,000 from the City of Montreal in 2018 for a broken ankle following a fall on a frozen sidewalk in the Pointe-Saint-Charles sector.
However, the 24-year-old young woman demanded almost $85,000 in damages.
No abrasives
It is January 20, 2016. As a deputy of the Montreal School Board (CSDM), Maude is appointed to attend Charles Lemoyne School on Mullins Street in the Sud-Ouest neighborhood of Montreal.
If the sky is cloudy, there will be no snow precipitation on this day. In the two days before, however, almost eight centimeters of snow fell over the metropolis. The sidewalks around the school were only cleared of snow, but not loaded.
Maude walks about ten minutes from the subway station to school, walking along sidewalks covered in a layer of compacted and flattened snow. As he got close to the school, the substitute slipped on a patch of ice at the intersection of Grand Trunk and Shearer streets. A passerby who witnessed the incident flagged down a patrol car. Paramedics were quickly dispatched to the scene and a police officer noticed there was no abrasive on the sidewalk.
Few regulations
In Montreal alone, an average of more than a hundred cases are opened each year for falls on icy or snowy sidewalks. Almost ten of them led to an agreement. To receive compensation from a municipality, a complainant must prove fault, damage and causality.
Compensation of $28,000 is not the highest amount paid to a person injured in a fall on a snowy or icy sidewalk in Quebec. In fact, a LaSalle woman, for example, has already received more than $130,000 in compensation for a broken wrist. However, in most of the cases we list, the compensation is between $5,000 and $15,000.
These compensations are generally justified for injuries and medical expenses resulting from these serious falls, but also for lost wages if the victim is forced to stop working. This was the case of the CSDM representative, whose total incapacity lasted from January 20 to May 15, 2016.
Not just for victims
Interestingly, it's not just fall victims who receive compensation from local authorities. This is also the case with the Régie de l'assurance santé du Québec (RAMQ), which sometimes charges money to treat patients who have fallen on a sidewalk. For example, in 2005, she received $8,738 from the city of Montreal to care for a woman from LaSalle.
Informative text — The law is changing! The legal information contained in this text is as of January 19, 2024. This text is for informational purposes and does not constitute legal advice. Éducaloi is a non-profit organization whose mission is to make the law known and improve the legal skills of the population of to develop Quebec.
Informative text – This text does not constitute legal advice; It is recommended that you consult a lawyer or notary for such an opinion. Éducaloi is a non-profit organization whose mission is to inform Quebecers in clear language about their rights and responsibilities.