Alberta, a province known for its winter sports, also unfortunately experiences a surge in winter sports injuries. From the slopes of Banff Sunshine Village to the ice rinks in Calgary, accidents can and do happen. When accidents occur, particularly due to someone else’s negligence, understanding your legal rights becomes essential.
This blog explores common winter sports injuries, factors influencing liability, relevant legislation, and outlines your legal rights if you are injured due to someone else’s negligence.
Common Winter Sports Injuries
Winter sports are thrilling but inherently risky. The types of injuries sustained often depend on the specific activity, but some are prevalent across multiple disciplines. These injuries are not just physical challenges—they can also lead to personal injury claims under Alberta law when negligence is involved.
Skiing and Snowboarding
Concussions and spinal cord injuries frequently result from collisions with other skiers, trees, or inadequately marked terrain features. Knee injuries, such as torn ACLs and MCLs, are common due to sudden stops or awkward landings, while wrist fractures are typical among beginners trying to brace themselves during falls. Liability arises when these injuries stem from another skier’s reckless actions, poorly maintained equipment, or inadequate signage at ski resorts.
Snowshoeing and Winter Hiking
Twisted ankles and fractures can occur on icy or uneven trails. If a trail is inadequately marked or maintained, the park authority or organization responsible for its upkeep may be liable. Additionally, prolonged exposure to cold weather can lead to hypothermia and frostbite, with potential liability for organized hiking groups failing to provide adequate safety measures.
Ice Skating and Hockey
Injuries like concussions, cuts, fractures, and sprains are common. Reckless conduct during hockey games, such as body checking or blindside hits, can lead to liability for injuries caused by dangerous or malicious behaviour. For ice skating injuries, poorly maintained ice rinks or defective equipment may also result in legal claims.
Snowmobiling
Traumatic brain injuries, fractures, and frostbite are frequently associated with snowmobiling. Liability may arise from reckless operation by other snowmobilers, defective snowmobile design, or hazards on trails maintained by third parties. Snowmobiling on public land in Alberta is governed by the Traffic Safety Act, which stipulates rules for registration, insurance, and helmet use. Failing to adhere to these regulations can contribute to determining fault in accidents.
Liability Considerations
Winter Resorts
Resort operators owe a duty of care to ensure the safety of patrons using their facilities. This includes maintaining equipment, properly marking trails, and training staff to provide a safe environment. The Occupiers’ Liability Act governs their responsibilities, but operators often attempt to limit liability through waivers, printed terms on tickets and posted signage.
According to Alberta law, a waiver is only enforceable if reasonable steps are taken to bring it to the patron’s attention. The Court in Pelechytik v. Snow Valley Ski Club highlighted the importance of this requirement, holding that whether the ski hill operator took adequate steps to notify patrons of a liability waiver was a triable issue. In this case, the plaintiff alleged negligence after being injured by a ski lift handle. While the lift ticket and posted signs included waiver language, the Court found that the adequacy of the signage and the notice provided at the point of sale required further examination. The Court in Apps v. Grouse Mountain Resorts Ltd. held that signs posted in the snowboard park—after the ticket purchase—did not provide reasonable notice of the waiver’s terms, limiting the ski hill’s ability to rely on the waiver for defence.
Waivers may also fail to protect resort operators from claims of negligence arising from their actions, such as poorly groomed terrain or malfunctioning lift equipment. The enforceability of these agreements depends on their wording and the steps taken to inform patrons.
Injuries Caused by Others
Accidents caused by third parties participating in the same activity can also lead to liability. Standards of behaviour, such as the Alpine Responsibility Code, provide guidelines for safe conduct in skiing. When another participant’s reckless or dangerous actions cause injury, they may be found negligent and held responsible for damages.
Legal Rights and Recourse in Alberta
If you are injured while participating in a winter sport due to someone else’s negligence, you may have the right to seek compensation under Alberta law. Here’s what you need to know:
Establishing Negligence
To hold another party responsible for your injury, you must prove:
- Duty of Care: The other party owed you a duty to act in a reasonable and safe manner.
- Breach of Duty: The other party failed to meet this standard of care.
- Causation: The breach of duty directly caused your injury.
- Damages: You suffered losses (e.g., medical expenses, lost income) as a result of the injury.
Compensation Available
When a personal injury claim is successful, the injured party may be entitled to various forms of compensation under Alberta law. One significant category is medical expenses, which include reimbursement for past, present, and future costs such as surgery, rehabilitation, medications, and assistive devices. Lost income is another area of compensation, covering wages lost during recovery and, in some cases, future earnings if the injury results in long-term disability.
Non-economic damages, such as pain and suffering, compensate for the physical and emotional distress caused by the injury. In some cases, the injured party may also receive compensation for loss of consortium, which addresses the negative impact of the injury on relationships with a spouse or family. Finally, out-of-pocket expenses related to the injury, such as travel for medical appointments or childcare, can also be reimbursed. By pursuing a claim, injured individuals can alleviate the financial burden caused by their injuries and focus on their recovery.
What to Do if You Are Injured in a Winter Sports Accident
If you are injured in a winter sports accident, taking specific steps to protect your health and legal rights is crucial. The first and most important step is to seek immediate medical attention to address your injuries. This ensures that your condition is properly documented and treated, providing crucial evidence if you later decide to pursue a personal injury claim. Next, document the scene of the accident. This includes taking photographs of the location, equipment involved, and any visible hazards. Recording the incident’s time, date, and circumstances can also help establish what occurred. Witnesses can play a key role in supporting your claim, so obtaining their names and contact information is important.
Reporting the incident to the relevant authorities, such as ski resort staff or event organizers, is another critical step. Request a copy of any incident report they generate, which can provide an official account of the accident. Additionally, preserve all related evidence, including damaged equipment, receipts, and medical records. These documents will be essential in building a strong case if you file a personal injury claim.
Cuming & Gillespie LLP: Personal Injury Lawyers Helping Albertans Recover Compensation for Winter Sports Injuries
If you’ve been injured in a winter sports accident, contact the experienced personal injury lawyers at Cuming & Gillespie LLP in Calgary. Our team understands the complexities of winter sports injury cases and can help you secure the compensation you deserve. Call us today at (403) 571-0555 or visit us online for a free consultation. Let us assist you in navigating the legal process and achieving the best possible outcome for your case.