Someone that has chosen to hike on one of Ontario’s trails enjoys the opportunity to breathe in fresh air. At the same time, that hiker can become exposed to certain dangers. That fact underscores the reason that it helps to know something about a hiker’s rights.
Rights of an injured hiker
The hiker may be able to sue the property owner, if that property had not been cared for properly. In premises law, a property is a type of premises. Still the word premises can refer to a wide range of different locations. It could be a reference to water, to boats or ships, to trailers, to motor vehicles, or to trains.
Personal Injury Lawyer in St. Catharines knows that in each of those premises, the owner would have different duties, in order to demonstrate a satisfactory duty of care. Hikers should appreciate that fact, since a hiker might not spend all of his or her time on the designated trail.
Why a hiker’s path might veer off of a specific trail?
Hikers’ original path might take that group close to a spot of special interest. The emergence of some dangerous object might force a hiker’s steps to follow a relatively unbeaten path. Ideally, the new path proves less dangerous than the one that forced selection of a detour. If one is just as dangerous as the other, it might prove difficult to blame the property owner for any injuries caused by the change in the hikers’ route.
Bad weather might force hikers to seek shelter at a spot that is off the beaten trail. Here, again, the hikers’ judgement gets tested. Selection of an unsafe shelter could not be blamed on the owner of the land where that shelter was located, unless the property owner had lured the hiking group to that same shelter.
The discovery of signs that warn of danger ahead. If such signs at been posted by the property owner, each of them should suggest a possible detour. If the signs had been posted by someone else, then that fact might fall outside of the circle of knowledge acquired by someone that had selected that particular trail.
It helps to take a first aid kit along, when hiking. You can never know for sure what might happen. It also makes sense to carry some means for sending an SOS, should that prove necessary. That should make the hike a bit more enjoyable, because there is less reason to worry about possible dangers.