Is It Possible to Sue If You Get Hurt Tobogganing?
Tobogganing Safety Tips
The best way to avoid a tobogganing accident is to take responsibility for your safety. To avoid sustaining an injury during your activity, keep the following tips in mind:
- Wear a helmet – if thrown from your sled, you will likely bump your head. Wearing a helmet will lessen the impact of the blow and ensure you do not sustain a severe injury. A significant number of tobogganing injuries concern head trauma.
- Avoid hills with trees, fences, and obstructions – it is difficult to avoid hitting objects in your path while tobogganing. To avoid a crash, you should avoid hills with trees.
- Ensure there are safe run-offs – you gather speed when you toboggan down a large hill. You’ll need a long run-off at the bottom of the slope to slow down and eventually stop. If there is a road or lake at the bottom of the hill, it is not suitable for tobogganing.
- Choose a safe sled – a sled with sharp edges is likely to cause injury, so avoid sleds with sharp bottoms. You should also avoid elevated sleds, as these are racing. Increased speed comes with an increased likelihood of injury and lack of control.
- Stay aware of your surroundings – before you begin tobogganing, ensure that no people or animals can enter your track and become injured.
- Choose the right weather conditions – you should always wrap up warm while tobogganing and choose the right weather conditions where you will get complete visibility of your path. If you like to toboggan at night, you should ensure the area is well-lit with artificial lighting.
By following these tips, you can ensure that you are engaging in sledding activities safely. Avoiding injury is always preferable to taking action once damage occurs – think prevention, not response.
Injured Yourself Tobogganing – What Are Your Options?
If you’ve injured yourself while tobogganing, you need to know your options and who you can hold liable for your injury. Below, you’ll find information for different scenarios.
If You’re Tobogganing Solo
Tobogganing on your own is always riskier. If you become injured on someone else’s land, this does not necessarily mean that you can hold them liable.
If the landowner has approved the site for tobogganing without making you aware of any potential slope hazards, you could have a case. However, if it is public land and you have no permission to toboggan there, you will likely have fewer grounds for legal action or you could be held partially responsible for the accident, thereby diminishing your ability to recover damages.
To understand the liability for these cases, let’s consider the case of Uggenti vs. the City of Hamilton.
The Uggenti family was tobogganing on a hill in the city of Hamilton. They were unaware there was a ditch at the bottom of the slope as snow filled the trough. There was insufficient signage indicating that the city had banned sledding on the hill, and there was no way to see the hazard at the bottom of the hill. Since the Uggenti family did not know the risk, they could assume no responsibility for the risks. Therefore, the city was held liable for their injuries.
Suppose you were unaware of concealed dangers on the slope and have become injured. As a result, you could have a case.
Tobogganing with An Activity Group Or Sledding Slope
Before you begin an activity on a ski resort or sledding slope for tobogganing, you must be aware of the risks. Being aware of the risks allows you to assume liability for these risks. You might evidence your understanding of the risks if you sign a waiver, which might be required that you sign before beginning your activity.
Your voluntary assumption of the risk concerns your full understanding of the dangers and risks associated with the activity.
Should the waiver neglect to inform you of potential danger, you can hold the resort liable for your injury. However, if you understand the risks listed in the waiver, you will have a weaker case or no case at all.
Should the resort provide faulty equipment that leads to injury, you might be able to make a successful personal injury claim.
Please also be aware that your case may not be viable if you sustain an injury despite the resort providing clear signage of the risk.
You should thoroughly read the waiver in detail, understanding the severity of the risk you are assuming responsibility for.
Is Tobogganing Safe?
Statistics from a study performed by Parachute indicate that of every 100,000 people who participate in sledding and tobogganing during the winter, 37 are likely to become critically injured.
Before you begin your winter sports and activities this year, fully understanding your risk level is essential. You can always opt for a safer winter activity to avoid injury.
Suffered Injuries Due to A Tobogganing Accident?
Have you sustained an injury during a winter sports activity? Do you want to hold someone liable for the injury? Our professional team of personal injury lawyers here at Ristich Law is at hand to help in these situations. We can help you to prepare your case and settle cases to get the compensation you deserve. Contact us today to get started with your claim and receive professional advice.
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