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Minimum Maintenance Standards; a Complete Defense by Judy Morrow





Article Author Biography
Minimum Maintenance Standards; a Complete Defense by
Article Posted: 12/10/2012
Article Views: 57
Articles Written: 19
Word Count: 457
Article Votes: 0
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Minimum Maintenance Standards; a Complete Defense


 
Law
In Ontario there are thousands of car accidents every year. Most are caused by negligence car drivers, but every year there are several accidents that are caused by the roads and bridges. Roads and bridges fall into disrepair because of heavy vehicles, but the main cause is the freezing and thawing of the roads during the winter. When you consider that damage as well as the snowplows and the chemicals it is actually amazing the roads don’t fall apart faster. If you or a loved one has been injured in an accident caused by the disrepair of a bridge or road, contact one of the skilled car accident lawyers Toronto law firms have on employed. These experienced lawyers can help you get the compensation you deserve.

In 2001 the Municipal Act was passed to try and limit the legal liability of the municipalities. This Act may seem to be common sense to most people, but it is often the reason why municipalities get themselves into legal trouble. In fact, industry sources state that municipalities largest source of legal claims occurs because of motor vehicle accidents occurring on municipal roads and highways. Because this is such a source of liability the Ontario government attempted to limit municipality’s liabilities by introducing the Minimum Maintenance Standards for Municipal Highways in 2002. This regulations set out the minimum standard of repaired for highways that are in municipalities jurisdiction.

This 2002 regulation was intended to protect the municipalities from liability by setting out minimum standards of repair and maintenance on the roads that must be kept. This was not a very high bar to achieve and was thought initially that this would prevent motor vehicle accident lawyers from being successful against municipalities. Prior to 2002 it was up to the courts to determine of the municipalities had performed their duties and kept the roads and bridges in good condition. The courts, after reviewing the evidence would determine if the municipalities breached the standard of care required in a negligence claim.

The real problem occurs when large winter storms pass through and wreak havoc on the roads. Several creative Toronto lawyers didn’t think this was fair and brought cases against the municipalities. Personal injury lawyers agreed that the minimum maintenance standards should be different in severe weather conditions. The normal schedule of repair and maintenance could not be applied when a huge snow storm or ice storm pass through. The courts agreed and returned to the former standard.

If you are looking for more information on car accident lawyers Toronto or any other specialty, we recommend contacting a personal injury lawyer in your area. A Toronto lawyer or a local lawyer will be able to provide you with local information.

Related Articles - Personal Injury Law, catastrophic injury,

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