Public trails can provide beautifully scenic routes for cyclists and hikers to take when they wish to get away from the stresses of modern life. The fresh air and gorgeous visuals can be calming to the body and soul, but that does not mean that you are at no risk of injury. Accidents can happen anywhere and at any time, and it is important that you know your rights regarding such matters.
The Duty of Care Owed By Property Occupiers And Owners
Most people are aware of the duty of care which is owed by most property owners, since it often includes themselves. This general duty of care, simply put, means that we are legally required to keep our properties safe for visitors. This means removing or warning of hazards, upholding safety regulations while handling fireworks or partaking in other risky activities.
Such a duty of care is owed by the owners and occupiers of residential properties and office buildings, of retails stores, and of all sports facilities. However, these are only the ones you will likely have thought of. What many don’t know is that these laws also apply to the owners and occupiers of bodies of water, vessels, trailers, and transportation vehicles. In regards to cycling and hiking trails, your Injury Lawyer in Brampton may be able to build a case against the occupier of the property. In legal terms, the occupier in this case would be the person who has control over the conditions of the trail.
The Limited Protection Provided To Users of Trails
It is obvious that there is a big difference between a public trail and your local hair salon, which means there are big differences in the duty of care you are owed by the occupiers. If the occupier of the trail’s property does not ask for payment when you use their trail, then the law will view your usage of the trail as a sign of acceptance of the associated risks. That negates your case and you may stand to win no compensation.
There is an exception though, as there always is. If the occupier has manipulated the environment to be hazardous, or if they are conducting in reckless behavior on the property that could be dangerous to the people using the trail, then they can be held accountable for their actions since their conduct can be viewed as intended to cause harm to others. Under such circumstances, you may be able to obtain compensation by filing a claim against the occupier. It is vital to have professional legal assistance when you file a claim as there are plenty of intricacies.
