The City of Montreal will have to pay a huge price for an icy sidewalk.

Quebec superior court has found the city responsible after a LaSalle woman suffered serious injuries when she slipped and fell in January 2012.

Gertrude Forstinger will receive over $132, 236 after she convinced the court the city failed in its duty to de-ice the sidewalk on LaSalle Blvd.      

Forstinger was out walking her dog when she slipped on a thin layer of snow that was covering a large ice patch, breaking her wrist in the process. 

She was taken to hospital where she had to be treated for extensive injuries. 

Under the law, cities can't be sued for people slipping and falling, unless neglect can be proven.

Forstinger, through her lawyer, was able to argue that despite wild weather patterns including freezing rain, the borough failed to spread abrasives on the sidewalks, leading to the fall. 

The courts agreed Forstinger should be compensated for pain, suffering and lost wages.

“The city has an obligation of means. It's not held to an obligation of perfection, it doesn't have to be perfect, but the city has to take the appropriate measures to keep the premises safe for the people walking,” explained Olivera Pajani, an attorney with the Kugler, Kandestin law firm, who pleaded the case. “In this specific case the court came to the conclusion that the city did not take those measures.”

This, of course, doesn't mean that everyone who falls on the ice is entitled to damages.

One must prove that the city was neglectful, and also that the complainant took all precautionary measures – for example walking on ice in high heels while carrying grocery bags would not play in one’s favour.

The complainants must also prove the city should have responded in a timely manner to changing weather conditions. 

Montreal Mayor Denis Coderre addressed the issue in January when a CTV viewer asked him the question.

“There is some compensation. There's the bureau, the compensation office. You have 15 days for a written note and you have the small claims court that you can file too, but clearly we don't like when that happens,” he said.

Rule of thumb:  If you get hurt, start documenting immediately, and don't hesitate to call a lawyer if the fall leaves you with a disability.