Hiking is one of the great Canadian pastimes, and during a beautiful fall, many hikers are eager to get out and explore Ontario. However, like many outdoor pursuits, hiking can come with risks—so can you bring a personal injury claim if you’re injured while hiking?
While bringing a personal injury claim for injuries sustained while hiking is possible, several challenges could impact whether an injured hiker is successful with their claim. In this blog post, we’ll explore the legal framework for bringing a personal injury claim following a hiking injury and the potential challenges injured parties might face.
Occupier’s Liability and Personal Injury Claims
Typically, hiking personal injury claims are considered in the context of “occupier’s liability,” as hiking injuries tend to occur due to conditions rather than an active action taken by another person.
Under Ontario’s Occupier’s Liability Act, an “occupier” of land must take such care as is reasonable in the circumstances to ensure that individuals visiting their land are reasonably safe. This rule applies regardless of whether the danger is caused by the condition of the premises or by an activity carried out at the premises.
Hiking and Personal Injury Claims: Location Can Matter
Ultimately, the location where the hiking took place is a critical consideration in hiking personal injury claims. Below, we’ll outline the different legal frameworks that apply for injured hikers depending on where the injury took place.
Liability for Hiking Personal Injury Claims in Provincial Parks
If a hiker is injured in a provincial park, they may have a valid personal injury claim against Ontario Parks as the “occupier” of the property. Here, the court will consider whether Ontario Parks took reasonable steps to ensure the safety of park visitors and whether the hiker’s injury was caused or contributed to by Ontario Parks’ negligence.
Liability for Hiking Personal Injury Claims on Municipal Land
If a hiker is injured on municipal land, they may have a valid personal injury claim against the municipality as the “occupier” of the property. Here, the court will consider whether the municipality took reasonable steps to ensure the safety of visitors and whether the hiker’s injury was caused or contributed to by the municipality’s negligence.
Liability for Hiking Personal Injury Claims on Private Land
Hikers injured on private land may also be able to bring a personal injury claim against any owners or occupiers of the property. Like other types of liability claims, the court will look at whether the owners or occupiers of the land took reasonable steps to ensure the safety of visitors and whether the hiker’s injury was caused or contributed to by their negligence.
Other Liability Considerations
Beyond owners or occupiers of property, other parties could potentially be found liable for injuries sustained while hiking.
For example, many communities have trail maintenance organizations responsible for maintaining hiking trails that owe a duty of care to hikers. Or, if you’re injured while on a guided hike or tour, the guide or tour operator may owe you a duty of care.
Identifying who may or may not have owed you a duty of care can be challenging. Hence, consulting with an experienced personal injury lawyer following a hiking injury is essential.
Challenges When Bringing a Hiking Personal Injury Claim
Like many kinds of personal injury claims, hikers can face challenges that make it harder to advance a personal injury claim. Below, we’ll outline some common challenges you should know.
Time Limits on Bringing Hiking Personal Injury Claims
Timing is crucial if you’ve been injured while hiking and intend to bring a personal injury claim. Notably, actions against the provincial government and municipalities require a person bringing a claim to provide written notice within 10 days of the accident. If this notice is not provided in time, the injured party may be unable to bring their personal injury claim. It is thus essential to consult with a skilled personal injury lawyer as soon as possible following a hiking accident to preserve your right to bring a claim later.
Waivers and Personal Injury Claims
Generally, liability waivers are enforceable and often limit your ability to bring a personal injury claim. For example, you may have signed a liability waiver or otherwise acknowledged that you “waive” your right to sue the owner or occupier of the land (or other party, as the case may be) for any injuries you sustained while hiking, even if the injury results from negligence. In these cases, bringing a personal injury claim can be challenging—or you may be prevented entirely from bringing a claim against the negligent parties.
Trespassing and Personal Injury Claims
When hiking, it’s not always clear whose land you are hiking on—for example, you may find yourself hiking a trail that runs on private land. Remember that under the Occupier’s Liability Act, property trespassers may not bring a claim against the owner or occupier of the property for any injuries they sustain on the property.
Voluntary Assumption of Risk and Personal Injury Claims
When participating in outdoor activities, it’s presumed that participants assume some level of risk—and hiking is no different. In many situations, an injured hiker may not be able to sue for personal injury if their injury arose due to a normal risk associated with hiking. For example, a slip and fall while hiking will likely not result in the injured party being able to bring a personal injury claim.
Final Thoughts on Hiking and Personal Injury Claims
There’s no doubt about it—bringing a personal injury claim for injury or loss sustained by hiking can be challenging. Hiking can vary wildly depending on how and where a person is participating in the activity, and the location of the hike can have significant implications concerning how a claim needs to be brought (for example, the tight notice requirements when bringing a claim against the provincial government or a municipality). Be sure to speak with an experienced personal injury lawyer as soon as possible following a hiking accident to ensure your rights are preserved and to provide further guidance on the feasibility of bringing a claim.
Contact Campbell Litigation for Top-Tier Personal Injury Advice in Kitchener-Waterloo
Campbell Litigation understands the lasting impact a serious personal injury can have on both the injured person and their loved ones. Richard Campbell, an experienced personal injury and litigation lawyer, provides comprehensive, compassionate advice and advocacy to those injured while hiking. By taking a principled, disciplined approach to these cases, our team helps you recover the compensation you’re entitled to so you can focus on your recovery.
Based in Waterloo, Campbell Litigation proudly serves Kitchener, Waterloo, Cambridge, Guelph, Stratford, and the surrounding areas. To schedule a consultation on your personal injury matter, please reach out online or call 519-886-1204.
