Despite the length of the Canadian winter, Ontario contains plenty of residents that love to explore the province’s many trails. There are different types of trails in Ontario such as hiking trails and trails for off-road cycling.
Laws govern both land owners and trail-users:
The land owners and occupiers do have certain rights. On the other hand, those same land owners and occupiers have a duty of care, with respect to both hikers and fans of off-road cycling.
When those that hike or enjoy off-road cycling on a piece of property, the owner’s rights reflect the absence of any charge. If the users of any trail on that property does not have to pay a fee, the same user accepts the risks associated with that trail-user’s chosen activity. By accepting such risks, the person using the trail gives-up the right to sue the property owner, if he or she becomes injured while exploring the no-fee passageway.
Restrictions on the actions taken by any property owner:
As per Personal Injury Lawyer in Hamilton, in keeping with the property owner’s duty of care, that same individual cannot act to do harm to the person that is using a trail on land that is owned by the person with the duty of care.
That restriction forbids more than just acting to hurt someone with a weapon. It also demands that a landowner not exhibit a reckless disregard for the men and women that are enjoying a trail’s existence on a given landowner’s piece of property.
What would be some examples of a reckless disregard?
Allowing a pile of debris to form an obstacle on a trail/passageway.
Encouraging formation of a rut along a given trail/passageway.
Encouraging pursuit by others of activities that hinder utilization of a trail/passageway.
How trail-user should deal with a display of such reckless disregard?
The trail-user would need to hire a lawyer. The lawyer could sue the landowner for failure to demonstrate the expected duty of care towards hikers and fans of off-road cycling. The lawyer’s case would be stronger, if the injured client could prove that his or her injury had been caused by the landowner’s reckless action.
The client’s attorney would have to be prepared to deal with any defense brought forward by the landowner’s own legal team. For instance, that team might suggest that the suing client had caused the injury that was the basis for the client’s personal injury claim. Failure to cast doubt on such a charge could damage the client’s chances for winning any award.
Naturally, the same client would have to show that he or she sought medical attention as soon as possible, after becoming injured. That, too, must be proven, if the injured party hopes to win a fair compensation.