A sports injury claim in Ontario depends on what caused the injury, the activity’s inherent risks, any waiver and the conduct of the facility or participants. Preserve the waiver, medical records, photographs and witness information. This guide explains how those issues are generally assessed.
Key takeaways: Keep the signed waiver, record the activity and conditions, identify witnesses and document medical treatment promptly.
Liability is usually the central issue
In many personal injury claims, the main dispute is about how much the injury is worth. In sports injury cases, the bigger question is often whether anyone is legally responsible at all. Players accept some risk by participating, and defendants frequently argue that the injury was an inherent part of the activity.
Who might be responsible?
Depending on the circumstances, potential defendants may include:
• another player, where their conduct fell well outside the rules and norms of the game;
• a coach, instructor or supervisor;
• the league, club or organizing body;
• the owner or operator of the facility, such as an arena, field, gym or trampoline park;
• the manufacturer or supplier of defective equipment.
A practical question is also whether the defendant can pay a judgment. Leagues, clubs and facility operators often carry liability insurance, while individual players may not. Identifying available insurance early helps shape the claim.
Waivers
Many sports and recreation organizations ask participants to sign a waiver or release before taking part. A waiver may prevent a claim, but not always. Whether a waiver is enforceable can depend on:
• the wording, including whether it clearly covers the type of claim and the defendant’s own negligence;
• how it was presented, including whether it was brought to the participant’s attention and was legible, for example on a small tablet screen or in an online click-through;
• who signed it, since a waiver signed by or for a child raises different issues from one signed by an adult;
• the circumstances in which it was signed, such as time pressure at the front desk.
Waivers should never be assumed to be either fatal to a claim or meaningless. Each one should be reviewed with the facts.
Voluntary assumption of risk
People who take part in a sport may be found to have accepted certain risks inherent in it. What is inherent varies widely between activities. Body contact is expected in hockey but not in curling. A defence based on voluntary assumption of risk is assessed on the facts, including the level of play, the rules and the conduct in question.
Contributory negligence
Even where another party is at fault, an injured person’s own conduct may be considered. Failing to wear required protective equipment, ignoring safety instructions or playing while impaired may lead to a finding of contributory negligence. Under Ontario’s Negligence Act, damages can be reduced in proportion to the injured person’s share of fault.
Unsafe facilities and defective equipment
Facility owners and operators are “occupiers” under Ontario’s Occupiers’ Liability Act, which generally requires them to take reasonable care to keep people on the premises reasonably safe. Claims may arise from hazards such as damaged ice or flooring, poor lighting, broken boards or netting, or inadequate padding. Equipment provided by a facility or league that is defective or poorly maintained may also lead to a claim, as may defects in equipment supplied by a manufacturer.
Intentional conduct
Where an injury is caused by a deliberate act, such as a punch thrown after the whistle, the claim may be framed as an assault rather than negligence. Liability insurance often excludes intentional acts, which can affect whether compensation can be collected.
Expert evidence
Sports injury cases often require expert evidence about the rules and standards of the sport, coaching or supervision practices, facility maintenance, or equipment design, in addition to medical evidence about the injuries.
Steps to take after a sports injury
• Get medical attention and follow the treatment plan.
• Report the incident to the coach, league or facility and ask for a copy of any incident report.
• Take photos of the location and any equipment involved, and keep the equipment if possible.
• Collect names and contact details of witnesses, referees and officials.
• Keep a copy of any waiver or registration documents you signed.
Supervision and instruction
Many sports injuries involve children, beginners or people taking lessons. In these settings, coaches, instructors and organizations may have a duty to provide reasonable supervision and instruction appropriate to the participants’ age and skill. Claims may arise where participants were allowed to attempt activities beyond their ability, were mismatched in size or skill, or were not given basic safety instruction. The standard expected generally depends on the activity and the circumstances.
Conclusion
A sports injury claim in Ontario turns on the facts, waiver and evidence. Contact Booni Law at admin@boonilaw.com or +1 (226) 271-1751 to discuss the incident. No outcome is promised.
Frequently Asked Questions
Can I sue if I signed a waiver?
Possibly. Whether a waiver is enforceable depends on its wording, how it was presented and who signed it. It should be reviewed with the facts.
Can my child make a claim for a sports injury?
A child may have a claim, brought with a litigation guardian. Waivers signed for children raise particular issues.
Is a rough hit in hockey grounds for a lawsuit?
Not usually, if it is within the normal risks of the game. Conduct far outside the rules and norms may be different.
Who pays if the facility was unsafe?
The occupier, often through its liability insurance, may be responsible under the Occupiers’ Liability Act.
Injured during sports or recreation?
If you or your child was hurt while playing sports or at a recreation facility, Booni Law can review the waiver, the facts and the insurance that may respond. Email Booni Law at admin@boonilaw.com or call +1 (226) 271-1751. No particular outcome can be guaranteed; every case is fact-specific.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship between you and Booni Law. The information in this article may not reflect the most current legal developments and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you require legal advice, please contact Booni Law.
