As the song goes; the best game you can name is the good ol' hockey game. From playing to cheering on your child to watching Connor McDavid move his way through another seemingly helpless defenceman, hockey is a way of life for many Canadian families.
However, what happens when the thrill of the game turns into a nightmare when your child sustains an injury on the ice?
Whether or not you're able to sue for your child's injuries depends on whether the injury was an assumed risk of the game. It's no secret that hockey is a fast-paced and highly physical sport. There is always some level of risk of injury for those who step out onto the ice. By lacing up the skates, players voluntarily accept the normal risks involved in hockey.
For example, an injury sustained as a result of being hit by a puck would be considered a normal risk. This is known as the principle of "assumption of risk." This principle recognizes that some activities come with inherent dangers, and participants willingly accept these risks when engaging in that activity.
A player's "voluntary assumption of risk" is not unlimited. When a player is on the ice, they are not consenting to an "anything goes" game. They are only consenting to the normal risks associated with hockey.
If an injury occurs by conduct that falls outside the ordinary bounds of fair play, the offending player may be liable for damages caused by their unsportsmanlike conduct.
For example, in a recreational non-contact league, some contact when fighting for a rebound in front of the net would be considered within the bounds of fair play. On the other hand, a cross-check from behind or blindside hit to the head may be considered to be outside the bounds of fair play1.
The courts have stated that a player does not accept the risk of injury from "conduct that is malicious, out of the ordinary or beyond the bounds of fair play."2
In determining whether a player's conduct falls outside the bounds of fair play, the courts consider several factors including the type of league in which the game was played, the level of play in the league, the applicable rules, and the nature of the game.
Once an injury is found to be malicious or outside the bounds of fair play, several people or parties may be responsible. A personal injury lawyer can assist in determining who is at fault.
While young children may not be held responsible for a criminal offence, they can be held liable in civil court. Coaches and sports organizations also have a duty to prioritize the safety of their players, particularly when dealing with minors. If a coach has put a player in an unreasonable or dangerous situation they may also be liable.
Sports organizations may similarly be liable by failing to create a safe playing environment if they fail to discipline or enforce their own rules when it comes to dangerous conduct.
Waivers may provide a complete defence to injuries your child sustains.
Before a child participates in organized sports like hockey, parents are often required to sign consent forms and waivers. These documents aim to inform parents about the inherent risks associated with the sport and, in some cases, may attempt to limit liability for injuries.
While these waivers can offer some level of protection to sports organizations, their enforceability can vary, especially when it comes to minors. Courts may scrutinize the language of these waivers and consider factors like the child's age, the clarity of the language used, and whether the risks were adequately explained.
While hockey offers tremendous physical and social benefits to children, safety should remain a top priority. In the unfortunate event of a hockey injury, it is important for parents to understand their rights and to explore available options.
If wrongdoing is suspected, consulting with a personal injury lawyer is crucial to assess the lawsuit's viability and to explore potential compensation for medical expenses and other associated costs.
Footnotes
1 See: Casterton v. MacIsaac, 2020 ONSC 190 (CanLII)
2 See: Kempf v. Nguyen, 2015 ONCA 114 (CanLII)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
