Attending a sporting event is supposed to be fun and enjoyable experience for spectators. But what happens if you’re injured by a foul ball or a hockey puck while sitting in the stands? What if you are injured in some other manner while at a sporting event? You may be wondering whether you have legal recourse. This guide explains how spectator liability works in Ontario and when a personal injury claim may be possible.
Understanding spectator liability at sporting events
If a spectator is injured while at a sporting event, they may have the right to bring a claim against the occupier of the facility where the event was held. In Ontario, the Occupiers’ Liability Act places a duty on the occupier to ensure that people on the premises where the sporting event is being held are reasonably safe. This duty does not guarantee absolute safety. Instead, the law requires that occupiers act reasonably in the circumstances to reduce foreseeable risks.
In order to bring a successful claim, the injured spectator must prove that the occupier of the premises breached its duty to keep spectators safe and that this failure caused the injury. The standard is one of reasonableness, not perfection. Courts recognize that accidents can occur even where reasonable precautions are in place. This means that, just because someone is injured while on the premises, the occupier is not automatically liable. An injury alone is not enough to establish spectator liability. When you attend any sporting event, you accept certain risks that come with the sport. In legal terms, this is called “voluntary assumption of risk”.
The key legal question is how courts balance the occupier’s duty to protect spectators with the risks spectators knowingly accept.
What risks do spectators legally accept?
Courts distinguish between:
- Inherent (ordinary) risks: Common, well-known dangers tied to the sport
- Unexpected or unusual risks: Hazards that go beyond what a reasonable spectator would anticipate
Only injuries arising from unexpected or preventable risks are more likely to result in a successful claim.
Rivers v. North Vancouver: spectator injury claim
Foul balls and hockey pucks entering spectator areas are generally considered ordinary risks of attending these events. In Rivers v. North Vancouver (District) et al, the plaintiff was watching his 16-year-old son’s baseball game. While he was watching the game, he was injured by a foul ball from another adjacent baseball diamond. He brought a claim for his injuries against the owner of the baseball diamond, and various baseball leagues. The plaintiff argued that the owner had failed to keep and maintain the premises in such a way that spectators would be safe, and that the leagues had been negligent for failing to warn spectators of the exceptional risk of foul balls, failing to bring that risk to the attention of the owner, and failing to cease playing baseball simultaneously at both diamonds.
Court decision: no liability for ordinary risks at sporting events
The Court dismissed the plaintiff’s claims, finding no breach of duty. While agreeing that the occupiers of the baseball diamond (the owner and the baseball leagues, with the exception of Little League Canada) owed a duty of care to spectators, the Court found that the risk of a foul ball leaving the field and injuring a spectator was an ordinary, known risk of baseball viewing and therefore did not give rise to a duty by the defendants to take action:
[89] The risk of foul balls landing in the South Bleachers was not an unusual or exceptional risk that gave rise to a duty by the League Defendants to either take steps to ameliorate or warn of its presence.
[90] In order to constitute such a risk, the danger would need to be one which was known, or could reasonably be expected to be known, to the defendant, but which would not be perceived or appreciated by an ordinary person exercising common sense.
When might a spectator injury lead to a claim?
While many risks are inherent, not all injuries are legally excused. For an occupier of a sporting event to be responsible for an injury caused at that event, the injury needs to be something that is not an inherent risk of that sporting event.
In Rivers v. North Vancouver (District) et al, it was held that a foul ball leaving the field is an ordinary, known risk of a baseball game and therefore the occupiers were not liable for the injury caused by it. However, it is important to note that this decision could have been different with slightly different facts. For example, if the injury had occurred in an area where spectators do not expect baseballs to go, such as a food stand or walkway, the occupiers may have been liable. Other examples where liability may arise include:
- injuries in areas where risks are not expected (e.g., concourses, food areas, walkways);
- inadequate protective barriers or netting;
- poor crowd control or unsafe venue design;
- failure to address known hazards.
What to do if you are injured at a sporting event
If you are injured, taking the right steps can protect your health and your potential claim:
- seek medical attention immediately;
- report the incident to venue staff or security;
- document the scene, if possible (photos, witnesses);
- keep tickets and any related records; and
- consult a personal injury lawyer promptly.
How Siskinds can help
At Siskinds, our personal injury lawyers have extensive experience assessing complex liability issues, including spectator injuries. We understand how courts evaluate risk, foreseeability, and the responsibilities of occupiers. We can help you determine whether your injury falls outside inherent risk, investigate the circumstances of the incident, identify responsible parties, and pursue compensation.
If you are injured while at a sporting event, it is important to consult a personal injury lawyer to determine if you have a claim. Contact our personal injury department for a free consultation at 877-672-2121.