Burn injuries at BBQs or campfires can result from equipment malfunction, unsafe setup, or negligence. In Ontario, injury victims may pursue civil claims when someone else failed to act reasonably.
Potential Claims
- Occupier’s Liability: homeowners, campsite operators or hosts may owe a duty if injury occurs from unsafe conditions.
- Negligence: improper hosting, neglecting fire bans, or providing accelerants without warning.
- Product Liability: defective grill, propane tank, fire pit or associated equipment.
Who May Be Liable?
- Home hosts or homeowners: failure to supervise or warn, especially during fire bans or dry conditions.
- Campgrounds or parks: inadequate fire safety set-up or poorly maintained communal fire pits.
- Manufacturers or suppliers: if equipment fails despite proper use.
Practical Example
A camper sets up a fire pit in a designated area. The host fails to monitor wind conditions and a gust blows sparks onto nearby dry grass, causing a burn injury. Liability may lie with host for failing to supervise or warn, or with equipment manufacturer if the pit lacked proper spark shields.
Exercise caution
It is important that homeowners, or those in charge of the premises while hosting an event, should make certain their gas or charcoal barbecues are outdoors, on a level surface and away from combustible surfaces or materials before lighting them. Ensure that any and all children and pets are properly supervised and kept a safe distance from the bbq or grill while it is in use, and while it remains hot to the touch.
When cooking is done, ensure all burners, coals, or heat sources are extinguished and cooled to an adequate temperature before leaving.
After an Injury: Steps to Take
- Seek medical attention promptly.
- Photograph the scene, equipment, warning signs or bans.
- Gather witness names.
- Report injury in writing to any campground authority or host.
- Consult an Ontario lawyer to assess potential claims.
Time Limits & Damages
- Ontario’s two‑year limitation applies.
- If claim involves a public authority (e.g. a provincial park), a short written notice period, often 10 days, may be required.
- Recoverable damages: medical care, rehab, lost income, pain and suffering, future care needs.
Please contact JRJ LAW at 1 (844) DIAL JRJ and a member of our team will be happy to help!