Risk Management Considerations for Tobogganing as Municipal Liability

Although tobogganing is a favorite Canadian pastime, it can also be a very dangerous activity. Every year people are injured sledding down hills in municipal parks, streets, and resort areas. Some of these injuries result in costly litigation. The incurred cost of litigation has led some Canadian municipalities to ban tobogganing on municipal property. The municipality has a duty, as an occupier, to keep the property in a safe condition to accommodate its intended purpose. In order to ensure safety on sledding hills, there are a number of steps that can be taken to reduce the risks and resulting liability through effective risk management.