• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Facebook
  • Instagram
  • LinkedIn
  • TikTok
Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

  • About
        • Services
          • Class Actions
          • Civil Liability
          • Medical Liability
          • Car Accidents
          • Work Accidents
          • Victims of Criminal Offence
          • Retraite Québec
          • Social Welfare
          • Disability Insurance
          • Criminal Law
          • Penal Law
          • Disciplinary Law
        • Philosophy
          • Protection of your rights
          • Personalized service
          • Trust
        • Distinctions
          • Consumer Choice
          • Three Best Rated
        • Legal Fees
          • Percentage
          • Fixed
          • Hourly rate
          • Legal Aid
          • Legal Insurance
        • Press
          • Class Actions
          • Civil Liability
          • Administrative Law
          • Disability Insurance
  • Team
        • Lawyers / Representatives
          • Mtre Jimmy Ernst Jr. L. Lambert
          • Mtre Benjamin W. Polifort
          • Mtre Loran-Antuan King
          • Mtre Yahia Belhaddad
          • Mtre Felicia Rotaru
          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
          • Mtre Bo Chi Zhang
          • Mtre Philippe Brault
          • Daphné McConnell
        • Assistants
          • Jeannie Nguyen
          • Céline Slamani
          • Rubi Barboza Gomez
          • Emilie Leblanc
        • Bar Students / Interns
          • Mtre Mégane Rousseau
          • Sandrine Puchin
        • Students
  • Administrative Law
        • Car Accidents (SAAQ)
          • Your SAAQ file
            • Challenging a SAAQ decision
            • Application for administrative review to the SAAQ
            • SAAQ Administrative Review Decision
            • Recourse to the Tribunal administratif du Québec
            • Conciliation at the Tribunal administratif du Québec
            • Trial at the Tribunal administratif du Québec
            • Review of the judgment of the Tribunal administratif du Québec
            • Recourse to the Superior Court
          • Dispute period
          • Income replacement indemnity claim
          • Compensation for bodily injury
          • Compensation for psychological damage
          • Determined employment and return to work
          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
        • Work Accidents (CNESST)
          • Contestation of a CNESST file
          • Income replacement indemnity
          • Employment
          • Compensation for relapse
          • Civil action for a work accident
        • Victims of Criminal Offence (IVAC)
          • Criminal acts covered by the IVAC
          • Criminal Compensation Lawyer
          • Victims of physical assault
          • Compensation for unemployed victims
          • Fault of the victim
          • Rehabilitation
        • Retraite Québec
          • Refusal of a request
          • Work income
          • Family allowances
          • Surviving spouse's pension
          • Supplement for disabled children
          • Progress of the file
        • Social Welfare
          • Marital life
          • Misrepresentation or fraud
          • Investigation
  • Civil Law
        • Civil Liability
          • How to prove the damage
          • Assessment of civil damage
          • Compensation for bodily injury
          • Injuries caused by a fall
          • Injuries caused by the ruin of a building
          • Liability of the city in case of lack of maintenance
          • Responsibility of the school
          • Fact of the goods
        • Medical Liability
          • Remedies for compensation
          • Medical negligence and unnecessary treatment
          • Surgical errors and early discharge from hospital
          • Misdiagnosis
          • Malfunction of medical devices
          • Code of Ethics of Physicians
        • Prosecuting your aggressor in civil proceedings
          • Criminal vs. civil hearing
          • Prescription
        • Contractual Law
          • Claim for damages
          • Letter of formal notice
        • Disability Insurance
          • Disability Insurance
        • Hidden Defects
  • Class Actions
        • Ongoing Class Actions
          • Coloplast
          • Canada Post
          • Nintendo
          • Samsung
          • Videotron
          • Car dealers
          • GoFundMe
          • Fever
          • Hyundai (paint)
          • Brewers
          • SAQ
          • Psycom
          • Volkswagen (water leak)
          • "Alcohol-free” products
          • Ticketmaster
          • Diocese of Gaspé
          • Diocese of Rimouski
          • Diocese of Rouyn-Noranda
          • Social media
          • Bread recall
          • Kia (paint)
          • Audi (oil)
          • Tequila
          • STM
          • DoorDash (tips)
          • Lafontaine Tunnel
          • Public Storage
          • Volkswagen (ID.4)
          • Nissan (paint)
          • Nissan (roof)
          • Nordik Spa
        • Completed Class Actions
          • Metro Metro Festival
          • Cogeco
          • DoorDash
          • Ironman
          • StockX
          • Croisières AML
          • Web Hosting Canada
          • UberEats
          • UberEats (Service Fees)
          • Laurentian Bank
        • Frequently asked questions
          • What are the steps of a class action?
          • How do I become a class member in a class action?
          • How to make a claim?
          • How much to receive as compensation?
          • When to receive compensation?
  • Criminal Law
        • Offences
          • Assault
          • Assault on a peace officer
          • Break and enter
          • Criminal negligence
          • Dangerous driving
          • Fraud
          • Hit-and-run
          • Impaired driving (DUI)
          • Mischief
          • Murder and attempted murder
          • Obstruction of justice
          • Possession of drugs and other substances
          • Possession of firearms
          • Sexual assault
          • Theft and possession of stolen goods
          • Threats
        • Procedure
          • Rights and freedoms in the event of arrest
          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
        • Defence
          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
          • Intoxication
          • Self-defence
          • Not criminally responsible
          • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
        • Passenger Rights
          • Travel insurance
          • Right to assistance
          • Right to compensation
          • Right to information
          • Right to care
          • Disclaimer
          • Carrier’s Obligations
          • Additional obligations of airlines
          • Penalties
        • Laws and regulations
          • Air Passenger Compensation
          • The Montreal Convention
          • International Civil Aviation Organization (ICAO)
          • European Regulation
        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français
  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Risk acceptance clauses and sports activities

What is the validity of a disclaimer for sports or recreational activities? Are you entitled to a remedy if you have suffered bodily injury as a result of a skiing or sliding accident?

Me Lambert explains the theory of risk acceptance.

You are here: Home / Civil liability / Risk acceptance clauses and sports activities

Many sports involve risks inherent in their practice, whether hockey, football or skiing.

Recreational activities also carry risks of accidents or injuries. For example: snowmobiling, MOUNTAIN BIKING, horseback riding, trampoline or bungee jumping.

What is the theory of acceptance of risk and is a lawsuit possible despite the existence of an exclusion of liability clause?

 

Acceptance of the risks of a sport by the victim

In general, according to the theory of risk acceptance in sports matters, the person who participates in a sport accepts the foreseeable risks of the activity. This theory is often argued by the defendant in a civil liability action.

In addition, many companies include a notice or limitation of liability clause in the event of an accident in a form that participants must sign. However, such a clause is not always valid and does not prevent the possibility of a civil remedy if you have suffered bodily injury.

accident-parachute-risk

Indeed, the risks that you accept by practicing an activity are limited to those that are predictable, reasonable and inherent in the activity and exclude those that are unreasonable or abnormal.

Similarly, in the event of misconduct by a third party, a civil suit is possible.

Indemnification and the exclusion of liability clause

The Civil Code of Québec clearly states that the risk acceptance clause does not prevent the perpetrator of an injury from being prosecuted.

We remind you that in matters of civil liability, it is always necessary to prove fault to bring a lawsuit. In this regard, the Court of Appeal explained that:

The victim may nevertheless engage the responsibility of the perpetrator by demonstrating that the latter did not act diligently by exposing him to abnormal risks. Thus, the defendant’s conduct that would contravene the usual rules of an activity and that would expose the victim to unreasonable risks will be considered to be at fault.

Slip accident and acceptance of risks

Here is an example of an accident that occurred during a tube slip activity. It is very hot during the day, and once evening comes, the track freezes, which increases the speed of the tubes on the slides. The clerk does not wait enough time before sending the tubes into the track and one of the tubes leaves the track because of the icy state of the place. The victim suffered a broken leg and a concussion. The slip centre claims that it is in no way responsible for the accident and that the victim has accepted the risks associated with the activity.
accident-slide-tube

Despite the pretension of the center, there is a fault that is committed. Indeed, the accident was not caused by the normal realization of the risk of the sliding activity, but by an aggravation of the risk that was caused by the wrongful conduct of the clerk.

The operator of the centre should have taken the appropriate measures to secure the premises or close the more dangerous runways. Indeed, it has an obligation to make available to users tracks free of traps, given the normal predictability.

On the other hand, it must be remembered that his general duty of care does not impose on him the obligation to protect all his customers from any possibility of accident.

Legal action for your bodily injury

The facts of each cause are different and depend on the differentcircumstances of the accident, such as:

  • The level of experience and competence of the victim;
  • The presence of specific warnings (e.g. posters);
  • The victim’s knowledge of the premises.

If you are the victim of a sports or recreational accident, we invite you to contact us without delay to assess whether you have a remedy.

Please note that we accept percentage pricing in the majority of our files.

Don’t forget to follow our weekly legal capsules on various legal topics on our Facebook page!

Related posts:

  1. Skiing accidents and other winter sports
  2. The liability of the principal for a fault committed by his agent
Previous Post: « After a car accident: the impact on victims
Next Post: Injuries sustained in an automobile accident outside Quebec »

Primary Sidebar

Our office

best-law-firm-montreal
6 time winner of the Consumer Choice Award in the “Law firms” category in the Greater Montréal area.

Lambert-avocats-2025

4 time winner of the Three Best Rated awards in the “Personal Injury Lawyers” and “Medical Malpractice Lawyers” categories in the Greater Montréal area.

Fields of expertise

  • Road Accidents (SAAQ)
  • Work Accidents (CNESST)
  • Crime Victims (IVAC)
  • Québec Pension Plan
  • Social Assistance
  • Civil Liability
  • Class Actions
  • Criminal Law
  • Penal Law
  • Disciplinary Law
  • Housing Law
  • Aviation Law
  • Compensation delayed flights

Search

loader

Subscribe to our newsletter

Email Address*

Name

Footer

On the Web

  • Quebec Bar
  • Quebec Legal Network
  • Forbes
  • Facebook
  • Instagram
  • LinkedIn
  • TikTok

Specialities

  • Criminal lawyer
  • Lawyer for landlords – housing law
  • Lawyer for tenants – housing law
  • CNESST lawyer
  • Civil liability lawyer
  • Legal aid lawyer
  • Lawyer for flight cancellation compensation

Our office

1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

QUÉBEC: (418) 526-2378 (LAMBERT)

TOLL-FREE: 1-855-331-1010

E-MAIL: info@lambertavocats.ca

Site Footer

Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

Copyright © 2025

Sitemap · Legal Notice – SEO agency