Summertime is certainly a busy one for tourism.
Many people leave their homes for day trips, weekend getaways or for a lengthy vacation to visit this country’s vast array of parkland and countless tourist attractions.
When I was growing up, my family and I would take the train to Toronto to visit the CNE every year to enjoy the great midway and all the sights and sounds of the historic event.
When I began to have children of my own, our favourite thing to do was hop in the car and drive cross country or across the border through many small towns to explore the land. Often we’d stop at breathtaking sites like Peggy’s Cove or the Great Smoky Mountains in between visits to go-kart tracks.
No matter where you go this summer, you never expect to get hurt. But it’s important to know your rights if you find yourself in these kinds of situations.
A serious injury or fatality on property owned or managed by a land owner, including a municipality, province/state, or a conservation authority with attractions such as parks, trails, lookouts, waterfalls and other attractions, can form the basis for a lawsuit if there is evidence of negligence.
Questions to ask after suffering an injury
Any serious injury from any cause ought to be explored further. It is important to seek consultation as early as possible for guidance on giving statements, preserving evidence, documenting the events and obtaining witness statements before memories fade or the premises are repaired.
- Is there a duty of care to an invitee?
- Was the person a trespasser? Or was she invited or simply permitted knowingly to use the premises—all of these may have the same duty to warn or even to prevent use.
- Was signage adequate?
- Were park personnel present?
- Were there any hidden dangers not apparent to the average person?
- Were there warnings as to dangers?
- Were there adequate barriers?
- What did the land owner know about invitees’ or trespassers’ use
- Was there adequate lighting?
- What about barriers?
- What about marked trails?
While these types of cases can present serious problems of proof, a serious injury to an adult and especially a child needs to be assessed.
Child injuries should be followed up upon immediately
You must also appreciate that an injury to a child under 18 may have until he is 20 years old to bring a case in the courts. Limitations Act provisions do not start the period of statutory bar until the age of majority.
If a person is injured and loses cognitive function, that person may also have more than the standard two years to initiate a claim.
If an injury or fatality occurs in your family take steps to preserve all evidence and take photos and videos of all relevant circumstances. Retain all documents and evidence of the injury and secure witnesses names and logistics, just in case.
Most importantly, have a safe summer vacation wherever you go and whatever you do.
Learn more about personal injury.
