Determining Liability for Recreational Sports Injuries: What You Need to Know
Published by Waterstone Law Group
Author: Cassidy Bell, Summer Articling Student
Recreational sports are a fantastic way to stay active, have fun, and connect with others. However, while these activities are meant to be enjoyable, they come with certain risks, including the potential for injury. Understanding your potential for legal liability in these situations is crucial, and the standard of care plays a key role in this.
What is the Standard of Care?
When establishing legal liability for personal injury matters, two essential elements to be proven are (a) whether a duty of care was owed by the defendant and (b) whether the defendant breached the standard of care.
Donoghue v Stevenson, 1932 CanLII 536 (FOREP) [Donoghue] established that individuals owe a duty of care to anyone who could foreseeably be harmed by their actions. In Donoghue, Lord Atkin defined actionable negligence as failing to take reasonable care to avoid actions that could foreseeably cause harm to persons closely and directly impacted by such actions: Donoghue, at 580.
Once a duty of care has been established, the focus shifts to whether the standard of care was breached. As established in Vaughan v Menlove (1837) 132 ER 490 (CP) and affirmed in Mckee v McCoy, 2001 BCSC 1652 at para 15, the standard of care is a legal principle that is rooted in what a reasonable person would do in similar circumstances. Applying this principle to recreational sports, players have a duty to act with the same level of caution as a reasonable person in a similar circumstance, which requires them to conduct themselves with an acceptable level of safety and responsibility.
Why does the Standard of Care Matter in Recreational Sports?
Even though risks are inherent in sports, participants are not expected to accept any and all possible dangers. It is important to understand how liability in recreational sports is determined. In British Columbia, the approach to sports liability includes not only intentional or reckless harm, but also a failure to meet the expected standard of care.
The test for the standard of care in sports was set out in Unruh (Guardian of) v Webber, 1994 CanLII 3272 (BC CA) [Unruh], wherein the court stated that participants consent only to reasonable conduct from their fellow players under the circumstances. This standard considers factors such as speed of play, amount of body contact, skill level, and the risks that players might reasonably expect: Unruh, at para 29.
A recent sports liability case decided by the British Columbia Court of Appeal, Cox v Miller, 2024 BCCA 3 [Cox], involved a slide tackle in a recreational soccer league. The slide tackle was deemed objectively dangerous and beyond what players in the league could reasonably expect, resulting in the tackler being held liable for injuries incurred by the plaintiff: Cox, at paras 22, 48. The Court of Appeal upheld the trial court’s decision to award the plaintiff $103,764.11 in damages, plus costs: Miller v Cox, 2023 BCSC 349 at para 83.
How Are You Impacted?
Players owe a duty of care to each other. Over time, the courts have clarified the duty and standard of care in recreational sports. When participating in sports leagues, consider the rules, the skill level of players, and the nature of the game. Ensure you and the other players act in a manner that aligns with what is reasonably expected in the league. Actions outside of reasonable conduct may lead to legal liability.
Understanding and applying the standard of care can significantly impact your recreational sports experience. If you have concerns or questions about liability in your league, please contact our Personal Injury Group, as each case is evaluated based on its unique circumstance.
About the Author
Cassidy Bell is a second-year law student at the Thompson River University Faculty of Law. Cassidy has a deep-rooted passion for sports; her love for athletics began at a young age and continued through her undergraduate years, during which she played on the Varsity Women’s Hockey Team at McGill University. Following her undergraduate degree, Cassidy channeled her enthusiasm for sports into coaching and participating in recreational sports leagues, which sparked her interest in sports liability.