Municipal Liability and Duty of Care: When Can You Sue a City in BC?

Municipalities in British Columbia are responsible for ensuring that public spaces and services are safe for residents and visitors. However, when injuries occur due to municipal negligence, determining liability is more difficult than it may appear. Understanding a municipality’s duty of care (the legal framework governing municipal liability) and the defences available are essential for those seeking to make a claim.

The first step in establishing a claim of negligence is proving that the defendant owed the plaintiff a private law duty of care. Municipal duty refers to a municipality’s legal obligation to take reasonable steps to ensure public spaces and services are safe. Municipalities must act as reasonable and prudent public authorities. However, this duty has limits as local governments are not expected to guarantee absolute safety but must address known hazards in a timely manner.

Municipal liability arises when negligence can be established. To prove negligence, the following must be demonstrated:

1. The municipality owed a duty of care, such as maintaining a sidewalk in a public space.
2. The municipality breached that duty by failing to take reasonable action.
3. The breach caused harm, such as a pedestrian slipping on an icy, unshoveled sidewalk and sustaining injuries.
4. The harm resulted in actual damages, such as medical expenses or lost wages.

Like private corporations, municipalities are subject to liability for tortious wrongs in negligence, nuisance, and breach of contract. However, they enjoy unique protections, including immunity from liability for policy decisions in negligence cases.

Municipalities are generally immune from liability for policy decisions, such as budgeting or long-term planning. However, they can be held liable for operational decisions, which involve carrying out daily tasks. Therefore, a city cannot be sued if it decides, as a policy decision, to allocate limited funds to upgrading parks instead of repairing sidewalks. However, if the city fails to fix a known issue with a sidewalk on city property, it is considered an operational failure, and an injured person could try to hold the city liable.

Municipal liability for dangerous premises in British Columbia is primarily governed by the Occupiers Liability and Negligence Acts.

The Occupiers Liability Act establishes the duty of care that occupiers owe to people entering their premises. Municipalities are generally considered occupiers under the Occupiers Liability Act, meaning they owe a duty of care to ensure public premises are reasonably safe. However, the Occupiers Liability Act provides key exemptions for municipalities, including:

• Public highways and roads, including city streets and sidewalks
• Forest Act roads like logging or rural roads
• Industrial roads

The Negligence Act applies when the Occupiers Liability Act does not apply or when multiple parties share liability for an injury. If a municipality and another entity, such as a contractor, are both responsible for dangerous premises, the court may divide fault accordingly. Since the Occupiers Liability Act does not apply to roads, claimants must establish municipal negligence by proving:

1. The municipality owed a duty of care
2. The municipality, or its contractor, breached that duty
3. The breach caused harm
4. The injury resulted in damages

Even when a municipality appears negligent, proving liability is challenging. Certain municipal actions are protected by law, especially discretionary policy decisions. The injured party must also provide strong evidence that the municipality knew or should have known about the hazard that caused or contributed to their harm.

Claims against municipalities have a significantly shorter notice period. When filing a claim against non-municipal property owners, claimants have two years from the date of the accident to submit their case. In cases involving a municipality, the notice period only extends to 60 days following the accident. Comparative fault poses another issue. This occurs in cases where the injured person contributed to their own harm, such as ignoring warning signs. If courts find comparative fault is warranted, compensation rewards may be reduced or outright denied.

Municipal liability in British Columbia is complex, particularly when it comes to dangerous premises. If you were hurt on city property or believe that a municipality is even partially liable for your injuries, contact Stephens & Holman. We will review your claim free of charge, help determine if you have a valid case, and work through the next steps. Reach out today to schedule your consultation.