A fall on a municipal sidewalk doesn’t automatically entitle you to compensation: you have to prove that a fault was committed, and by the right party. Every year, thousands of Quebecers are injured slipping on a poorly maintained sidewalk, only to discover too late that a 15-day deadline had already extinguished their right to claim. Our bodily injury lawyers can help you identify the party truly responsible, the recourses available to you, and the pitfalls to avoid in asserting your rights.
Key takeaways:
- The municipality only has to take reasonable measures to maintain its sidewalks, not guarantee they’ll always be safe: a fault must be proven.
- You generally have 15 days (Cities and Towns Act) to notify the city in writing, and 3 years to bring a personal injury lawsuit.
- Most cases are settled through a formal notice and negotiation with the insurer, without going to trial.
- Certain falls on ice, occurring near a vehicle, may be reclassified as a car accident and fall exclusively under the SAAQ rather than the courts.
Who can be held liable for your fall?
Three parties can potentially be targeted by a claim after a fall on public property: the municipality, a private property owner, or a snow removal contractor, depending on exactly where you fell. None of them is automatically liable: a specific fault must be proven against the actual responsible party, and in some cases, no one is. Here’s how each can be targeted, and within what limits.
The municipality: liable, but not automatically
The municipality is in principle responsible for maintaining public sidewalks, but its obligation is one of means, not of result. It must take reasonable measures to ensure users’ safety, without having to guarantee the total absence of danger. For snow and ice, the law goes even further: section 585(7) of the Cities and Towns Act provides that no municipality can be held liable for an accident occurring on a sidewalk because of snow or ice, unless the victim proves negligence or fault on the municipality’s part, with the court having to take the weather conditions at the time into account. It’s this statutory immunity, often little known, that explains why so many lawsuits against cities fail despite a very real fall.
The neighbouring property owner or business: rarely responsible for the public sidewalk
Contrary to a common belief, the owner of a home or business is generally not responsible for the public sidewalk in front of their property in Quebec, unless a specific municipal by-law explicitly requires it. Their liability instead comes into play for private accesses: an entrance, parking lot, or driveway that belongs to them. A fall in a shopping centre parking lot or on the private entrance of a business therefore falls under the liability of the owner of those premises, not the city, even though the adjacent public sidewalk remains a municipal responsibility.
The snow removal contractor: an often-overlooked party
When a municipality entrusts sidewalk snow removal to a private contractor, that contractor’s own negligence can trigger its liability. The law also provides that the municipality has a warranty recourse against any person whose fault caused the accident, which includes its snow removal contractor if the shortcomings are attributable to it. In practical terms, this means your initial lawsuit usually targets the city, but the city can then turn against its supplier if the facts justify it.
When no one is held liable
There are also situations where no recourse succeeds: a patch of ice that formed only minutes before your fall, without the city having been reasonably able to intervene, or a fall caused by your own carelessness (unsuitable footwear, distraction, alcohol). A case documented by Protégez-Vous illustrates this reality well: a citizen who fell on a patch of ice claimed $14,990 from her city in Small Claims Court, but lost her case, as the snow removal contractor demonstrated it had intervened just hours before the accident. The law doesn’t require perfection, only reasonable diligence.
Deadlines to respect: the notice-of-claim trap
The most critical deadline isn’t the one people think of first. Before even considering legal action, the law requires prior written notice to the municipality, under penalty of losing your right to claim.
| Situation | Deadline | Source |
| Written notice to the clerk (municipality governed by the Cities and Towns Act) | 15 days | Cities and Towns Act |
| Written notice to the clerk (municipality governed by the Municipal Code) | 60 days | Municipal Code of Quebec |
| Prescription for bodily injury | 3 years | Civil Code of Quebec |
This notice deadline doesn’t replace the general 3-year prescription period applicable to bodily injury, but failing to respect it can seriously compromise your case, as the city may allege it was unable to assess the state of the premises in time.
What recourses are available to obtain compensation?
Obtaining compensation doesn’t necessarily mean going to court: the vast majority of fall cases are settled before a judge is even involved. The process generally follows a progression, from a simple letter to legal action if no settlement is possible.
Formal notice and negotiating with the insurer
The first step consists of sending a formal notice to the party targeted (the city, the owner, or the business), formally advising them of your intention to make a claim and, if the damages are already quantifiable, the amount requested. In most cases, the municipality’s or property owner’s insurer takes over the file as soon as this letter is received and begins negotiating. An out-of-court settlement avoids the delays and costs of a trial, and remains the most common outcome when the evidence of fault is solid.
Legal recourse based on the amount claimed
If no satisfactory settlement is reached, legal action proceeds to the court with jurisdiction based on the amount claimed. These thresholds have been indexed annually since 2023 and were revised in 2026, which makes some information still circulating online outdated.
| Amount claimed | Court with jurisdiction | Particularity |
| $15,000 or less | Small Claims Division | Without a lawyer, simplified procedure |
| $15,000.01 to $74,999 | Court of Quebec (exclusive jurisdiction) | A lawyer is strongly recommended |
| $75,000 to $99,999 | Court of Quebec or Superior Court (concurrent jurisdiction) | Depends on the complexity of the case |
| $100,000 and up | Superior Court | The most serious cases, multiple expert opinions |
How to document your file after a fall
The strength of your recourse depends directly on the quality of the evidence gathered in the hours following the accident. Here are the essential elements to collect:
- Photograph the exact location of the fall from several angles, with a reference object for scale (a coin, a key) to show the size of the defect
- Note the weather conditions and exact time of the accident, as well as the footwear you were wearing
- Collect the contact information of any witnesses present: neutral testimony carries significant weight in assessing municipal negligence
- See a doctor promptly, even if the injury initially seems minor
- Obtain a detailed medical assessment report: it serves as proof of the link between the fall and your injuries, an element the city or opposing insurer will systematically challenge if the medical file is incomplete or delayed
- Keep all receipts related to your damages (medical bills, travel expenses) to support your claim
What amounts can you claim?
You can claim two broad categories of damages: pecuniary losses, meaning your measurable expenses and financial losses, and non-pecuniary losses, which compensate for the accident’s impact on your quality of life. The total amount depends on the severity of your injuries and the quality of the medical evidence gathered.
Pecuniary losses
Pecuniary losses cover directly measurable expenses and financial losses related to your fall:
- Lost wages during your recovery, including loss of future earning capacity if the injury is permanent
- Medical expenses not covered by RAMQ: physiotherapy, occupational therapy, medication, specialist consultations
- Home care or adaptations needed for your home
- Travel expenses related to your medical appointments
- Property damaged in the fall (clothing, glasses, phone)
Non-pecuniary losses
Non-pecuniary losses compensate for the accident’s impact on your quality of life, beyond direct financial losses:
- Physical pain and suffering
- Loss of enjoyment of activities you engaged in before the accident (sports, hobbies)
- Aesthetic after-effects, such as visible scarring
- Loss of independence in daily tasks
Their assessment, being more subjective, relies heavily on the report that follows the medical assessment request mentioned above: this is why this document should never be overlooked.
The SAAQ trap: when a fall becomes a “car accident”
Certain falls on ice fall entirely outside the civil courts and all the recourses described above: if the accident is related to the use of a vehicle, only the SAAQ can compensate you, regardless of the city’s fault.
In February 2024, the Superior Court confirmed that a Montreal woman who fell on a sidewalk while walking toward the trunk of her car fell under the jurisdiction of the Société de l’assurance automobile du Québec (SAAQ), not the city.
Quebec’s automobile insurance system is a no-fault regime: as soon as an event is classified as a car accident, any civil lawsuit becomes prohibited. This reclassification is not a minor detail, since the SAAQ compensation scale is often less generous than a negotiated settlement. If your fall occurred while getting out of a vehicle or approaching one, have this possibility assessed before taking any steps.
Need help asserting your rights?
Identifying the right responsible party and respecting the applicable deadlines often, on its own, determines the outcome of a public sidewalk fall case. At MedLégal, our team of bodily injury lawyers evaluates your situation free of charge to determine the recourses available to you, whether against a municipality, a contractor, or as part of an SAAQ claim.
FAQ: Sidewalk falls and compensation in Quebec
Does a fall on a snow-covered sidewalk automatically entitle me to compensation?
No. The municipality only has to take reasonable measures to maintain its sidewalks, not guarantee they’ll always be safe. You must prove specific negligence, for example an unreasonable delay after a storm.
How long do I have to notify the city after my fall?
Generally 15 days if your municipality is governed by the Cities and Towns Act, or up to 60 days under the Municipal Code. This deadline concerns the written notice to the clerk, which is separate from the 3-year prescription period for bringing a lawsuit.
Can I be held partially responsible for my own fall?
Yes, if you didn’t act as a reasonable person would have, for example by wearing unsuitable footwear or being distracted. Your compensation may then be reduced in proportion to your share of responsibility.
Do I absolutely have to go to court to be compensated?
No. Most cases are settled out of court after a formal notice is sent and exchanges take place with the responsible party’s insurer. Legal action remains an option if no satisfactory settlement is found.
Could my fall be handled by the SAAQ instead of the city?
In certain circumstances, yes, particularly if the courts consider your fall to be related to the use of a vehicle, for example while approaching or getting out of one. This reclassification removes any civil recourse against the city.
What should I do if I missed the 15-day deadline to notify the city?
A court can relieve you of this default if you demonstrate a reasonable cause, such as hospitalization. However, it’s best to consult a lawyer quickly to assess your options rather than relying on this exception.
Do I need a lawyer for this type of recourse?
It’s not mandatory, especially in Small Claims Court, but a lawyer helps secure evidence, respect strict deadlines, and identify the right responsible party, particularly when several parties (city, contractor, SAAQ) could be involved.
