As summer approaches, parents around Ontario are making plans for the summer, and for many families, this includes sending children to daytime or overnight camps. For most kids, summer camp is a great time, full of new friends and fun activities. However, if a serious injury occurs, parents may not know what they legal options are.
Responsibility for summer camp injuries
The majority of summer camps include plenty of outdoor activities, from games at the park and organized sports to hikes in the woods and camping out under the stars.
Any camp owner, organizer or staff member may be potentially liable if they act negligently and this results in a serious summer camp injury. In addition to a claim in negligence. Generally speaking, anyone responsible for children at camp should exercise the same level of care as a reasonable a prudent parent, and failure to do so may be considered negligent.
Additionally, camps with facilities, whether they are residential sleepaway camps or day-camps at a community centre, may also be liable if they breach the Occupiers’ Liability Act, which requires that all premises are kept reasonably safe for anyone entering them. So, if your child is hurt because a camp failed to maintain or repair their buildings or grounds, this can also give rise to a viable legal claim.
Waivers and legal liability
While a waiver of liability in favour of the summer camp, signed by a parent or guardian, can be a bar to legal liability in some instances. However, this does not mean that a waiver puts a full stop to any potential legal action.
Depending on the cause of the injury and the extent of the staff’s negligence, the waiver may not apply. In other instances, there may be fundamental issues with the form and structure of a waiver, such that it is not sufficiently valid to shield the camp from complete liability.
Toronto personal injury lawyers representing victims of summer camp injuries
A qualified and experienced personal injury lawyer can review waiver documents and help determine whether your circumstances may give rise to a potential claim for compensation. At Jasmine Daya & Co., we represent seriously injured children in claims against all manner of institutions and entities, including summer camps.
We offer free consultations to new clients. To speak with a member of our team about a summer camp injury, contact us online, or call 416-967-9100 to make an appointment with one of our personal injury lawyers.