Playgrounds, parks and municipal equipment in Quebec: safety, damage and recourse
A broken swing, a rusty play structure, an unsupervised public pool: not bad luck, but a maintenance defect. Who to report it to, and in what order.
A broken swing, a rusty play structure, an unsupervised public pool: not bad luck, but a maintenance defect. Who to report it to, and in what order.
A broken play structure is reported immediately
A municipality that knows about a defect and does not fix it faces liability, but until the defect is reported the file starts from zero. A dated report with photos protects other children and your own recourse.
Reporting a hazard
Move children away and mark the spot if you can. Photograph the equipment, the broken part and the surroundings. Write to public works, parks or urban planning, with date, time and what you observed. Ask for a written answer saying what will be done and when: that answer establishes the municipality's knowledge.
In case of injury
Get medical care first, then a written medical record stating the injury, the date and the cause as reported. Establish the evidence of the place and ask the municipality for the inspection and maintenance records of the equipment, which are accessible documents. Declare the incident to your own home insurer within the policy deadlines.
Material damage
A municipal tree falling on a vehicle, a curb damaging a wheel, snow removal damaging a driveway: dated photos, a written claim to the municipality, then a civil claim if refused. The useful argument is a known defect that was not corrected.