Participating in recreational sports is a great way to stay active and socialize, but it also carries a certain level of risk. Injuries happen, and sometimes they raise questions about responsibility and legal liability. In Ontario, the standard of care for recreational sports plays a crucial role in determining whether an injury might warrant compensation. This blog will explore what the standard of care entails, who it applies to, and what it means for participants, organizers, and facility operators in recreational sports.

What Is the "Standard of Care"?

The “standard of care” refers to the level of caution and attentiveness that someone is reasonably expected to exercise in a particular situation. In recreational sports, this standard applies to players, organizers, coaches, referees, and facility operators, all of whom have certain responsibilities to ensure a safe environment. In legal terms, failing to meet this standard can amount to negligence, especially if it leads to injury.

Ontario’s laws around the standard of care in recreational sports strive to balance accountability and the inherent risk-taking nature of sports. The concept recognizes that while some level of risk is unavoidable, all parties should still take reasonable steps to prevent harm.

Understanding Assumption of Risk in Recreational Sports

One critical concept in sports-related liability is the assumption of risk. By participating, players often implicitly accept certain risks that are naturally associated with the sport, such as physical contact in soccer or slipping on the ice in hockey. This assumption of risk acknowledges that injuries can happen even when everyone is acting responsibly.

However, assumption of risk does not mean that players forfeit all rights to a safe environment. Injuries resulting from reckless or negligent actions by others, such as unsafe playing conditions or deliberate harm by another participant, may still be grounds for legal action. The key factor here is that injuries due to negligence or preventable hazards may fall outside the scope of "assumed risk."

The Responsibilities of Different Parties

Participants

• Duty of Sportsmanship: All participants are expected to follow the rules and play fairly. While aggressive play is often part of competitive sports, players are required to avoid actions that would intentionally harm others. In Ontario, courts often assess the actions of participants in terms of whether they were within the scope of the game.
• Standard of Care: Participants should also be mindful of the general skill level of their co-players. For example, a player with advanced skills has a higher standard of care when playing with beginners to avoid actions that could unintentionally harm less experienced players.

Organizers and Coaches

• Responsibility for Safe Play: Organizers and coaches have a duty to ensure that activities are structured safely, appropriate to the skill levels of the participants, and that equipment and rules are in place to minimize injury risk.
• Proper Instruction and Supervision: They must provide guidance on safe play and enforce the rules to help maintain safety. This includes having proper knowledge of the sport, assessing risks, and implementing necessary safety measures, such as warm-up exercises, protective gear, and emergency protocols.

Referees and Officials

• Fair and Safe Play: Referees are essential in maintaining a safe and fair environment. They are expected to enforce rules, monitor play, and intervene in cases of overly aggressive or dangerous actions.
• Liability for Neglecting Duties: If a referee fails to address behavior that escalates into injury, they may be found partially responsible. However, liability typically depends on whether their actions (or inactions) were reasonable under the circumstances.

Facility Operators

• Maintenance and Safety Standards: Facility operators are responsible for maintaining the physical space and equipment used in recreational sports. This includes ensuring the grounds, equipment, and other infrastructure are in safe and usable conditions.
• Duty to Warn: If hazards exist, facility operators must clearly warn users about them or take immediate steps to eliminate the dangers. This duty extends to things like slippery floors, broken equipment, and other unsafe conditions that could foreseeably lead to injury.

Case Law and Examples in Ontario

In Ontario, several cases have helped define the standard of care in recreational sports, emphasizing that each case is unique and hinges on specific facts. Courts generally consider factors like the nature of the sport, the participants' skill levels, and the context of the injury when determining liability.

For example:

• In Levita v. Crew (2015), a hockey player sued another after sustaining an injury from a body check during a recreational game. The court ultimately found that the check was part of normal gameplay, highlighting that participants in recreational hockey should expect a certain level of physicality.
• In contrast, if a facility operator failed to repair a dangerously loose soccer goalpost, resulting in injury to a participant, the operator could be found liable for not meeting the standard of care expected for facility maintenance.

Implications of Waivers in Recreational Sports

Waivers are common in recreational sports and serve as legal agreements in which participants acknowledge potential risks and waive certain rights to sue. In Ontario, waivers can be legally binding if they are clear, fair, and accurately inform participants of the risks involved. However, waivers do not entirely absolve all parties of responsibility; they do not cover gross negligence or recklessness. If an injury results from a hazard that the waiver does not address or from negligence beyond the scope of regular gameplay, the injured party may still pursue legal action.

Steps to Protect Yourself and Others

To minimize risks and uphold the standard of care in recreational sports:

• Understand the Game’s Rules and Play Fairly: Following the rules minimizes the risk of unintentional harm to yourself and others.
• Use Proper Safety Equipment: Always wear appropriate gear and ensure it fits properly to reduce injury risks.
• Report Unsafe Conditions: Inform organizers or facility operators of any hazards or issues to help maintain a safe environment.
• Read Waivers Carefully: Know what you’re signing and be aware of the inherent risks you are assuming.

Conclusion

The standard of care in recreational sports in Ontario is built on shared responsibility among participants, organizers, referees, and facility operators. It aims to create a safe environment without undermining the natural, competitive elements of sports. By understanding and respecting these standards, everyone involved can help ensure that recreational sports remain enjoyable, safe, and accessible. If you have questions about specific situations or if an injury has occurred, consulting a legal professional with experience in sports liability can be a valuable step in protecting your rights.

**Please note that the contents of this blog should not be relied upon as legal advice or medical advice, but only for information and reference purposes. You should always follow the advice of your doctors and treatment providers with respect to your diagnoses and what health and medical steps you should take to best recover. If you wish to obtain legal advice, please contact our office and arrange for a free consultation with one of our lawyers.**