Toronto lawyer Troy Lehman says both the Ministry of Transportation and municipalities have a legal duty to keep the roads under their jurisdiction in a reasonable state of repair.
Lehman says motorists involved in accidents, thinking of legal action, must first prove road conditions were to blame and also show that the government's responsible failed to take reasonable steps to prevent the hazardous condition.
Lehman says there have been successful cases which found governments weren't patrolling roads as they should.
