Be Cautious When Signing Waivers for Adventure Activities
#AskMichaelBlois
Some of the activities available for you to enjoy whether you live or are vacationing inOntario have risks associated with them. Whitewater rafting, skydiving, bungee jumping and skiing are only a few of the adventure sports in which a participant can be seriously injured or killed when something goes wrong. Companies offering such dangerous activities to the public routinely require you to sign a waiver of liability before allowing you to participate.
Before signing a waiver, you should understand the purpose of the document and what you are being asked to give up. Many of the waivers include provisions shielding the organizers of hazardous sporting events or adventure activities from responsibility even if your injuries are the result of the organizer’s negligence.
Waivers are binding contracts
Waivers are contractual agreements designed and intended to protect the companies operating or organizing the activities in which you wish to participate from lawsuits placed against them if you are injured. The extent of the dangers based upon the number of participants injured while using zip lines or engaging in bungee jumping is impossible to determine because of a lack of information about accidents occurring to people engaged in hazardous adventure and sports activities.
According to a news report, people sign waivers without having an accurate picture of the risks for which they are agreeing to take full responsibility by releasing the organizer or operator of the activity. If you are one of the 59 percent of people who participate in dangerous adventure activities, then you are probably one of the 54 percent who admitted to not having a clear idea about what was being waived.
Ontario law and courts offer some protection
The courts in Ontario and in other provinces recognize the risks inherent in certain sporting activities. For example, if you are skiing down a mountain slope, there is a risk of falling and being injured even if the ski area’s operator did everything possible to make the slopes safe.
The Ontario Occupiers’ Liability Act imposes a duty of care on the part of owners or operators of facilities offering adventure activities to take reasonable care to ensure the safety of participants. The law also states, however, that the duty of care does not apply to those risks you assume as a natural part of the activity. Courts might not apply this assumption of risk to situations in which an injury is caused by negligence on the part of the operator or organizer of the activity even though you signed a waiver of liability.
Waivers on behalf of children
Ontario courts have consistently ruled against the validity of waivers of liability signed by parents or guardians on behalf of underage children. Such a waiver, if upheld by a court, would allow a parent to give up a legal right held by the children, and courts have been reluctant to allow it in cases in which children have been injured in sporting or adventure activities.
Talk to a personal injury lawyer about your rights
If you are injured while participating in a risky or hazardous adventure activity the skilled and dedicated personal injury lawyers at Diamond and Diamond might be able to help you even when a waiver of liability has been signed. Our lawyers at one of ouroffices located throughout Ontario can review the facts of your claim to determine the validity of the waiver.
Call our 24/7 personal injury hotline at 1-800-567-HURT or visit our website to speak to one of our team members. Don’t assume your rights have been waived by something you signed. The law and court decisions pertaining to waivers of liability may offer relief for you, so take advantage of our free consultations and case evaluations.