When you participate in a sport, you accept certain risks, including the potential risk of an accident. In some cases, someone else may be responsible for the accident. This can happen if they were at fault.
You accept the normal and foreseeable risks
When you participate in a sport such as hockey, skiing, or paragliding, you accept the risks that come with it. But you do not accept all risks. You only accept those that are normal and foreseeable for that activity. For example, when skiing or snowboarding, patches of ice hidden beneath the snow, powder snow, and sudden fog are considered normal risks.
When another person is responsible
You’re not responsible for an accident caused by someone else’s fault. People who play sports with you may commit faults and be held responsible. The rules of civil liability apply in such cases.
A person commits a fault if their behaviour falls short of what would be expected from a reasonable athlete in the same situation. For example, an intentional blow, excessive roughness, breaking the rules of the game or failing to follow applicable safety rules can be considered faults.
The responsibility of the people who run the sports facility
The people who run sports facilities also have responsibilities. They must act responsibly to ensure the safety of those who use their facilities. To do so, they must take the necessary measures to prevent foreseeable dangers. Otherwise, they are at fault. They may then be held responsible for any accidents that occur.
People who run sports facilities commit a fault if, for example:
- they leave their facilities in poor condition,
- they do not respect safety standards,
- there isn’t adequate supervision or assistance to ensure the facilities are used safely.
For example, a ski hill that leaves a hole or a piece of metal on a slope without warning skiers is at fault.
Did you know?
In certain sports facilities, there are panels with warnings such as: “We are not responsible in case of injury.” They may also include similar statements in contracts or documents that must be signed before using their facilities. These types of warnings are also called “disclaimers” or “liability waivers” and are not valid when someone is injured.
A respectful and safe environment: a shared responsibility
You have the right to participate in sports in a healthy, respectful, and safe environment. Everyone involved in sports, such as referees and volunteers, must ensure that this right is respected.
If you believe your physical or psychological well-being has been harmed after an accident, you can file a complaint with Quebec’s ombudsman for integrity in recreation and sports, called the Protecteur de l’intégrité en loisir et en sport. Your well-being may have been harmed if you experienced verbal, physical, or sexual violence, or negligence, for example.