Dec 31, 2025 in News Legal News

Legal News: Ski Hills, Snow Parks & Tubing Centres: Do Liability Waivers Really Protect Resorts After a Serious Injury?

Understanding Your Rights After a Ski Hill, Snow Park, or Tubing Accident in Canada

A winter day spent skiing, snowboarding, or tubing can turn into a life-changing event when something goes wrong on the slopes. Across Ontario and the rest of Canada, ski resorts and tubing parks rely heavily on liability waivers—those long forms or digital checkboxes you’re required to accept before buying a lift ticket or renting equipment. Most people sign without thinking twice, assuming it’s just routine.

But after a serious accident, those waivers suddenly take on enormous significance. Injured guests are often told they “signed away their rights,” and many assume that means they have no options. In reality, Canadian courts take a far more nuanced approach.

This guide breaks down what liability waivers actually cover, when a resort can still be held responsible for negligence, and what injured guests should do to protect themselves. This is not meant as legal advice—every case is unique—but it provides a clear starting point for anyone trying to understand their rights after a ski hill or tubing accident.

Understanding What You Really Sign Away in a Ski or Tubing Waiver

Most Canadian ski resorts use broad waivers drafted to protect them from legal claims. They typically include language stating that the guest understands skiing, snowboarding, and tubing are inherently risky and that the resort is not responsible for injuries—even ones that arise from the resort’s own negligence.

That last part surprises many people.

Under Canadian law, a waiver can sometimes protect a business from liability for negligence. But courts require very clear, unambiguous language. If a waiver is vague, buried in fine print, or not brought to a guest’s attention in a reasonable way, it may not stand up.

The Supreme Court of Canada has repeatedly emphasized that waivers must be interpreted strictly because they involve giving up important legal rights. In other words: simply having someone sign a form doesn’t give a resort unlimited immunity.

Some of the factors courts consider include:

• Did the resort clearly draw attention to the waiver?
• Was the wording specific enough to cover negligence claims?
• Was the injured person pressured, rushed, or unaware they were signing a waiver?
• Was the waiver part of the contract, or hidden on a rental form or lift ticket?

To understand more about how liability works on Canadian property, you can explore general principles of premises liability to see how conditions on a property must be kept reasonably safe for visitors.

When Resorts Can Still Be Liable—Even With a Signed Waiver

Waivers don’t give ski hills and tubing centres a free pass. Resorts still owe a duty to operate safely, maintain their grounds properly, and warn guests about hazards that aren’t obvious.

Here are situations where a resort may still be responsible:

1. Poor Maintenance or Unsafe Conditions

If a resort fails to maintain groomed trails, manage icy conditions, or repair faulty equipment, a waiver does not always shield them. Negligence is not considered an “inherent risk”—and courts draw a clear line between risky sports and preventable dangers.

For example, if a tubing lane wasn’t properly monitored or the resort failed to control overcrowding, those are safety lapses the waiver may not protect.

You can read more about how winter property hazards can create legal liability in the article discussing slip-and-fall risks during winter , which share similar principles around snow and ice management.

2. Faulty or Unsafe Design

Terrain parks, tubing tracks, and ski runs must be designed with reasonable safety in mind. If features are built in a way that creates hidden or unnecessary dangers, a waiver doesn’t automatically excuse the resort.

For instance, a jump with a blind landing or a tubing course that funnels riders toward a hard barrier may expose a resort to liability.

3. Inadequate Signage or Warnings

Clear signs are essential—especially in terrain parks or high-speed areas. If a resort fails to warn about sudden drops, closed runs, thin cover, or obstacles, a waiver may not protect them against negligence claims.

4. Staff Errors or Lack of Supervision

Resorts can still face liability if:

• Lift attendants fail to operate safely
• Staff send riders down a tubing hill when the lane isn’t clear
• Employees improperly fit rental equipment
• Instructors give reckless or inappropriate guidance

Waivers rarely protect against situations where staff actions fall below a reasonable standard of care.

What to Do After a Ski Hill, Snow Park, or Tubing Accident

Many guests leave the resort assuming that because they signed a waiver, the resort won’t be accountable. But immediate steps after an accident can make a tremendous difference.

1. Get Medical Care Right Away

Some injuries—like concussions, fractures, and soft-tissue trauma—don’t fully reveal themselves until hours later. Seeking prompt treatment ensures there’s proper documentation of the injuries.

2. Report the Incident to Resort Staff

Ask for an incident report and keep a copy if possible. Don’t rely on verbal communication.

3. Take Photos of the Scene

Document:

• The slope or park area
• Lack of signage or barriers
• Overcrowding
• Ice patches, grooming problems, or visible hazards
• Any equipment involved

These photos are extremely helpful later.

4. Collect Witness Names

Independent witnesses often play a major role in clarifying what happened.

5. Preserve Your Lift Ticket, Rental Forms, or Screenshots

These documents often contain the waiver language—and sometimes they help show the waiver wasn’t properly communicated.

6. Understand Relevant Notice Requirements

Some types of accidents—particularly winter-related injuries—have strict notice rules in Ontario. For example, the province requires injured people in certain winter slip-and-fall cases to give written notice within 60 days . While ski hill injuries don’t always fall under that specific law, it’s a reminder of how strict timelines can be.

7. Speak With a Lawyer Experienced in Ski and Recreational Injuries

This is where working with a Toronto personal injury lawyer becomes important. Ski hill and tubing-related claims involve complex legal issues—waiver wording, industry standards, duty of care, and the cause of the accident must all be analyzed carefully.

A qualified personal injury lawyer can review the waiver, examine the circumstances, and determine whether negligence played a role.

How Courts in Canada View Ski Resort Waivers

Canadian courts generally recognize that skiing and snowboarding carry inherent risks. However, they also consistently rule that:

• Resorts cannot use waivers to avoid responsibility for serious safety lapses
• Waivers must be presented clearly and prominently
• Ambiguous or hidden waiver language is interpreted against the resort
• Gross negligence or reckless conduct cannot be excused

When to Contact a Personal Injury Lawyer

If you or someone you love was seriously injured at a ski hill, terrain park, or tubing centre, speaking with personal injury lawyers as early as possible is crucial. Early legal advice helps preserve evidence, secure witness accounts, and identify whether the resort’s waiver is enforceable.

An experienced personal injury lawyer in Toronto will:

• Review how the waiver was presented
• Examine whether the resort followed industry safety standards
• Analyze maintenance logs, staffing practices, and trail design
• Negotiate on your behalf
• Pursue compensation for medical bills, long-term recovery needs, income loss, and pain and suffering

In many cases, injured guests discover they have more rights than they initially believed.

Final Thoughts: Waivers Don’t Give Resorts a Blank Cheque

Liability waivers can affect an injury claim—but they do not guarantee resorts complete protection. Ski hills and tubing centres must still take reasonable steps to keep guests safe. When they fail to do so, and those failures cause serious harm, an injured person may still have a strong legal case.

If you’ve been hurt on the slopes, don’t automatically assume the waiver shuts the door. Speak with a qualified personal injury attorney that understands these cases and can help you determine your next steps.