A fall on a broken sidewalk, an unmaintained municipal garden, or the entrance to a public building can give rise to a claim against the local authority. The municipality or local council is responsible for maintaining public spaces, sidewalks, and public areas within its jurisdiction. When its negligence causes a fall and injury, compensation may be claimed.
Municipal Authority Liability
Duty of Maintenance
The Local Authorities Law (Public Space Safety) and the tort of negligence under the Civil Wrongs Ordinance impose on local authorities the obligation to maintain public spaces within their boundaries. Broken pavement, a sunken sidewalk, an unlit garden, and open manholes can all create municipal liability toward an injured person.
Prior Knowledge Requirement
Courts sometimes require proof that the authority knew (or should have known) of the hazard before the fall. Prior knowledge is demonstrated through: complaints previously submitted, periodic inspections the authority was obligated to perform, and a prolonged period of a visible dangerous condition.
How to File a Claim Against a Municipality
Advance Notice
The Civil Wrongs Ordinance requires prior notice to the local authority before filing a lawsuit. The notice must be given within 60 days of the fall and include full details of the incident. Failure to give notice may partially bar the claim. See: Personal Injury — main page.
Documenting Evidence
Photograph the location of the fall immediately after the event, before the authority repairs it. Keep names and details of witnesses. Seek immediate medical treatment and document the injuries.
- Photograph the scene immediately with a date stamp
- Record names and details of witnesses
- Send advance notice to the municipality within 60 days
- Consult an attorney before the 60-day deadline
Free initial consultation: Contact us or 072-2428822.
Frequently Asked Questions
I fell on a broken sidewalk two weeks ago and did not notify the municipality. Can I still claim?
Circumstances must be assessed. The 60 days run from the date of the fall. If still within 60 days, send notice immediately. If more than 60 days have passed, check whether the deadline can be extended on special grounds. Consult an attorney promptly.
Is a claim against a municipality different from a regular claim?
Yes. Beyond the advance notice requirement, there are additional limitations in suits against authorities. An attorney experienced in personal injury knows how to navigate the specific rules. See: Claim against a public authority.
