During the winter season, everyone should take extra care when participating in winter activities. Precautions should be taken to avoid danger or a personal injury.
When participating in winter activities or sports, you should always wear the proper safety equipment in order to avoid or minimize injuries for yourself and your loved ones.
An innocent activity, such as tobogganing for example, may be more dangerous that you think. Always walk around the perimeter of the area where you will be tobogganing to ensure that it is not near any trees, boulders, cliffs, or roadways. If there are potential hazards, ensure there are safety fences barricading those dangers. Ensure there are no signs posted by the City warning of danger or by-laws prohibiting tobogganing. Tobogganing in areas such as the City of Hamilton can lead to fines ranging from $105.00 to $5,000.00. The reason for such hefty fines? The City of Hamilton has advised that only driving, snowmobiling, and parachuting are more dangerous than tobogganing.
With any winter sport, there is an inherent risk. However, the legal question is, what risk did you consent to exactly. It is not always so cut and dry. It isn’t always “Play at your own Risk”. Establishments, such as ski resorts have acknowledged this loop hole and have their patrons sign a waiver agreement which protects them from liability. That is why when you participate in a winter sport and are asked to sign a waiver agreement, please always read the fine print before you sign.
Please take extra care when engaging in winter activities. If you are injured in such an accident, please contact JEWELL RADIMISIS JORGE LLP in order to fully investigate negligence and protect your rights.