Water Parks: liability for a quasi-criminal regulatory offense does not automatically mean liability in Tort
Water parks are an inherently fun place but also is a place where the activities contain risk of injury. Some water parks can be found both liable in tort for injuries sustained by users and found guilty of safety violations pursuant to the Technical Standards and Safety Act, SO 2000, c 16 (TSSA). Fines under the TSSA can be as high as $1,000,000 for each violation. Injuries can occur at water parks.
If a water park is found responsible on a regulatory basis, can this result a windfall for the personal injury claim?
Perhaps. Personal injury claims are based on the negligence or the intentional conduct of the defendant. A personal injury claimant has to prove the defendant’s liability/responsibility for the injuries sustained. Personal injury claimants in these cases need to prove that the water park was negligent, causing them injury. This is in part accomplished by demonstrating on evidence that the park failed in its duty of care to the injured person(s).
Finding of wrongful acts that violate the TSSA can be used as an aid for personal injury claimants as it is evidence that the park failed in its duty of care to them. Thus, proving liability is easier.
Does this mean that the personal injury claimants do not need to prove their case anymore?
No. Once liability is found, the injured party must prove the damages. Injury victims need to provide good reliable evidence of their injuries and impact on their lives. Often experts are retained and provide written reports to explain the injuries and impairments. Once the injuries have been proven, the court determines fair compensation.
Our Ottawa personal injury and accident lawyers are trained to ensure you get fair compensation for your injuries. If you or someone you care about was injured in an accident, please contact one of our lawyers for a free consultation. We work on a no-fee-until-you-win basis. Call us at 613-315-4878.