Winter’s in full swing! Like many Quebecers, you may be hitting the slopes these days. But who’s responsible if you are injured while skiing or snowboarding? Here’s what you need to know.
You accept the risks associated with your activity
As a skier or snowboarder, you must accept the risks associated with your activity. This is generally true for all sports. For example, you might hit a tree, or run over a bump and fall. This could lead to, leading to a serious injury.
However, when you ski or snowboard, you’re not accepting all possible risks. You only accept the risks that are normal, reasonable, and foreseeable for participants in these sports. These include the risks involved in skiing outside the ski trails- whether intentionally or by accident — and the risk of hitting an object that has been flagged by the ski hill operator.
Both you and the ski hill operator have responsibilities
Ski hill operators have responsibilities. These include taking reasonable precautions to ensure visitors are safe. For example, they must carefully monitor their trails for unusual or unforeseeable dangers (for example, pipes hidden by the snow).
For your part, you must watch your speed and where you’re going. You must be able to stop and avoid people and obstacles on the trail.
Whose fault is it if an accident occurs?
You could receive financial compensation if you suffer harm due to an accident, and the ski hill operator is held responsible. However, responsibility can be attributed in different ways. The ski hill operator could be held responsible, but so could you. In some situations, you and the ski hill operator could share responsibility.
The judge will consider the specific circumstances of each accident when deciding who’s responsible for your injuries. The judge takes the following factors into account when deciding on responsibility:
- Your level of experience in the sport
- Your familiarity with the location where the accident occurred
- Whether you were wearing a helmet at the time of the accident
- Weather conditions
- How well the ski trails were maintained
- Visibility of the object that caused the accident
Every situation is unique, and many factors may be considered in determining where responsibility for the accident lies.