Every summer, a large number of accidents occur in swimming pools and water parks in Quebec. While most of these incidents do not leave serious or permanent sequelae, in some cases, a family or school trip can turn into a mishap.
What are the situations that give rise to a civil liability lawsuit for damages?
Accident in a public swimming pool
When an accident occurs at a municipal swimming pool, in addition to the three criteria of civil liability (fault, damage and causal link), it is necessary to analyze the standards of supervision provided for in:
One of the questions that the Court will have to ask itself concerns that of foreseeability. Thus, in the event of a collision with another swimmer in the pool that resulted in injuries, one must ask whether this dangerous situation was foreseeable.
According to the criteria established by the courts, a person does not have to foresee all the possibilities of danger, but only the eventualities that are likely.
To assess the risk of collision, we will look at, among other things:
- The layout of the premises;
- Pool surveillance;
- The victim’s swimming level (beginner, intermediate, advanced);
Accident in a water park
Water parks and amusement parks have a safety obligation and must compensate for damage resulting from its fault or the fault of its employees.
In the event of an accident in a water slide or wave pool, it is necessary to first look at whether there is a defect in the design, construction or maintenance of the ride in question. Among other things, we must look at whether the manufacturer’s instructions and the recommendations of the Régie du bâtiment du Québec are respected and resort to expert evidence if necessary.
To avoid liability, the water amusement park operator will accuse you of not having respected the posted instructions or of not having acted as a prudent person. Often, the defendant will claim that there has been acceptance of the risks on your part.
Each case is separate and must be analyzed according to all the circumstances surrounding the accident in water games.
Aquatic accident during a school trip
Indoor and outdoor water activities are often part of the outings organized by schools and summer camps. Who is responsible when a child drowns or is seriously injured during a trip to the pool?
First of all, the owner of the installation is responsible for ensuring the safety of its installation to its users. This obligation includes the duty of vigilance, as well as the implementation of measures to ensure the safety of users.
Since the unpredictable cannot be predicted, the question is whether the event could have been foreseeable by a reasonable person in a similar situation.
For the purposes of the analysis, here are some things to look at:
- rescue measures have been put in place;
- whether the number of supervisors is adequate in relation to the activities;
- if the premises have adequate equipment in the event of an accident in order to assist a victim.
The school, school board, daycare or summer camp that organizes an activity must also ensure that they have enough staff to ensure that the activity takes place safely.
Accident in tourist site
When an accident occurs while swimming in a lake or at a beach, it is necessary to look at the different circumstances surrounding the accident to establish the fault. In the event of a canoe, kayak or pedal boat accident in a lake, the analysis remains the same.
The questions to be decided by the Court are as follows:
- Has the tourist site or campsite taken all necessary measures to avoid the accident?
- Did he fail to indicate the existence of the danger by appropriate signage?
In a case of the fall of a tourist who took pictures of a river, the Court ordered a tourist site to pay compensation to his estate. The judge concluded that taking photos along the river was an activity of tourists on the scene and that the owner should have installed safety beacons to prevent accidents.
Accident in a residential pool
The person who has an in-ground pool or an above-ground pool must ensure that their pool meets regulatory safety requirements , such as:
- Security closures;
- The height of the fence;
- The staircase or ladder.
The owner has the same obligations of guard and supervision of the users of his swimming pool. In the event of non-compliance with his obligations, he risks being prosecuted for an accident or drowning occurring under his supervision.
Recourse for compensation following a nautical accident
Accidents occurring during an aquatic activity have serious consequences for the victim and the victim must be compensated for the damage he has suffered.
The defendant will argue that it exercised prudence and diligence in denying its responsibility. It will also claim that the injuries you have suffered are the result of your own fault or negligence.
Each case is a case in point. Contact our firm now for an analysis of your file.
We accept a percentage agreement in the majority of our files.