June 26, 2014
As Mr. Brophy correctly said, an application to serve a late notice of claim may be granted - at the court's discretion - if the school had 'actual knowledge' of the slippery condition and your accident within 90 days or shortly thereafter and they are not prejudiced by a delay in filing the notice of claim (such that they were denied the opportunity to promptly investigate the circumstances of your accident). If you reported it to them right away or if an ambulance was at the scene, and a crowd gathered and school officials were present etc., you might well have your application granted. You will need a lawyer to make this motion, however, so don't delay. There are many fine lawyers here on Avvo, so do a search. Good luck.
Contact us today if you need help with a similar matter.
Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.
See All Questions & Answers