Most people have had a run-in with the law. Maybe you got a traffic ticket, or maybe you got arrested and released on bail. For most of us, these brushes with the legal system are minor inconveniences that don’t affect our lives much beyond having to pay out some cash for an infraction or two. But what about when an injury occurs because of negligence by a public body? In Ontario, there is no “public liability” law like there is in other provinces such as British Columbia or Manitoba. This means that it’s up to individuals to make claims when they’re harmed by someone who is acting on behalf of their government employer—and this can be tricky!
What is a public accident claim?
A public accident claim is a legal action brought against a public body for injuries sustained in an accident. Public bodies include government agencies and departments, as well as local councils. Injuries can be physical, psychological or financial.
The first step in making a public accident claim is proving that the accident was caused by negligence on behalf of the public body you are suing (or their employee). This can be difficult to prove if there were no witnesses or CCTV footage available at the time of your accident – but it’s worth trying!
Who can make a claim?
You may be wondering who can make a claim, and how.
The answer is that anyone who has been injured in an accident involving a public body can make a claim for compensation. This includes:
- Injured party – If you were injured as a result of someone else’s negligence, then you can make a personal injury claim on your own behalf.
- Representative – If you are unable to pursue legal action yourself due to injuries or age, it’s possible that someone else could act on your behalf (this would usually be done by way of making them your ‘litigation friend’).
- Legal representative – If someone dies as a result of an accident and had children under 18 years old at the time of their death then those children may have certain rights under law to bring legal action against whoever caused their parent’s death
What legal action can be brought against the public body?
You may be wondering what legal action can be brought against the public body. In most cases, there are two options:
- A claim for damages against a public body in negligence (or even breach of statutory duty) and/or trespass. Public bodies are responsible for ensuring that they do not cause injury to members of the public under their care or control. If they fail to meet this standard and someone is injured as a result, then they could potentially be held liable for any injuries sustained by that person’s negligence.
- A tort claim form must be submitted within 6 months after discovering an injury suffered as a result of an accident with a vehicle driven by one of these organisations (in order for compensation claims to succeed). However, some exceptions apply if medical treatment has been received before this time period has expired; such cases may still have merit depending on circumstances surrounding them so please contact us if you think yours might fall into this category!
How are public accident claims fought?
When public bodies are involved in accident claim in ireland, they can use the public interest defence. This means that they have a legal right to defend themselves against claims made against them by individuals who have been injured or damaged by their actions.
The no win no fee defence is also available to public bodies when defending against these types of claims because it allows lawyers to take on cases that might not be profitable for them but which are in the best interests of society as a whole. The litigation funding defence applies if an individual has been injured due to a defective product which was supplied by a private company – but only up until 2014 when changes were made regarding personal injury claims involving products (see below).
You can make a claim if you or someone close to you has been injured in an accident involving a public body.
You can make a claim if you or someone close to you has been injured in an accident involving a public body. Public bodies include government departments and local councils, as well as private contractors working on behalf of the government.
If you have been injured in such an accident and want to pursue compensation, there are some important things that you need to know about how this process works:
Conclusion
You can make a claim if you or someone close to you has been injured in an accident involving a public body. If the state or local government agency is at fault for your injury, then it may be liable for damages. It’s important to understand that there are different types of public accident claims and that each one requires a specific type of legal action. For example, if your injury was caused by an unsafe condition on public property such as a sidewalk or road then a premises liability claim would apply whereas if it occurred during some type of emergency response operation such as police car chase then negligence would be appropriate
