Safe Tobogganing

In early January, news broke across the continent that various municipalities were banning tobogganing.  The CBC reported that Hamilton has already banned tobogganing on all municipal property, with fines of up to $5,000. 

Tobogganing involves some risk.  The National Post reported recently that seven people were killed in Canada while tobogganing between 2003 and 2007.  In 2013, the City of Hamilton entered into a $900,000 settlement with an adult who suffered a spinal cord injury while tobogganing on a municipal hill – despite the tobogganing ban.  There is no doubt that municipalities wish to take steps to limit their risk of exposure to expensive law suits and increased insurance premiums.

It is reasonable that all parties take steps to make tobogganing as safe as possible.  Responsible restrictions or prohibitions of tobogganing on dangerous hills (for example with trees or other obstacles) make sense.  So does removal of the obstacles.  Parents can take steps to protect their children as well.  Supervision is important.  Helmets should be worn.  The hills should be appropriate to a child’s level of ability, and scanned for obstacles or dangerous conditions.

The lawsuits relating to tobogganing have encouraged municipalities and parents to take reasonable precautions to prevent injury. However, bans on tobogganing are not a substitute for taking reasonable precautions.  Further, it is doubtful that bans, in the absence of reasonable precautions, will protect municipalities from liability in any event.  Moreover, it would be unfair to externalize, onto our children, the costs of failing to take reasonable precautions to protect them in what should be a safe and thoroughly enjoyable Canadian activity.

By Geoffrey Duckworth