With the summer season here, many Canadian are eager to get out of the house and into nature. Whether you are going camping, hiking, or just out for picnic in a provincial park, it is important to be safe and informed about what your rights are if you get injured while there.
In Ontario, the Occupier’s Liability Act requires property owners and occupiers to ensure the safety of guests and visitors. This obligation also applies to the province. Ontario Parks must take reasonable care to ensure that visitors and their belongings are safe while on park premises. Consequently, Ontario Parks, represented by the Ministry of Natural Resources and Forestry, can be held liable if a visitor is injured due to their negligence.
When determining an occupier's responsibility for accident-related injuries, courts will assess whether Ontario Parks took reasonable steps to ensure visitor safety.
Limitation Period and Minimum Notice
It's important to note that if you are injured in an Ontario park, you must provide written notice to the province within 10 days. Failing to submit this notice on time may prevent you from pursuing your claim.
Contributory Negligence
Contributory negligence is a legal concept that considers how a person's own actions or negligence contributed to their injury or loss. In Ontario, this concept is crucial in many personal injury cases.
Contributory negligence refers to the extent to which a plaintiff's actions or negligence contributed to their injury or loss. Essentially, it measures how much the plaintiff's own behavior caused the harm they suffered.
For instance, if someone is injured in a provincial park while hiking and it is found that they were not wearing appropriate footwear or hiking off trail, this might be considered contributory negligence.
Contributory negligence significantly impacts personal injury cases in Ontario. If the court finds that the plaintiff's actions or negligence played a role in their injury or loss, it may reduce the damages the plaintiff is entitled to receive.
If you or someone you know has been injured in a provincial park, you may be able entitled to financial compensation. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation.