Liability Issues in the Summer Season

As the school year winds to a close and many families head up to the cottage for all or part of the summer, here are a few legal issues to keep in the back of your mind. 

At some point, summer vacations mean water.  That may be just swimming, but could include boating and water sports.

We’ve already seen examples this summer of drowning accidents at crowded swimming areas.  Don’t assume anyone else is watching your kids.  If you can’t see them, then you can’t see them if they are in trouble.

The Criminal Code makes it a crime to operate a vessel, water skis or other water craft in a dangerous manner.  It is also a crime to tow a person behind a boat (on water skis etc., not just à la Weekend at Bernie’s) without having another “responsible person” in the boat as a spotter.  Often your insurance coverage is voided by doing something that breaks the law.  If you have a skiing accident and there is no spotter – hello bankruptcy.

Operating a boat while impaired or over 80 carries the same criminal consequences as operating a motor vehicle while impaired or over 80.  Believe it!

The Ontario Liquor Licence Act prohibits you from operating or having care and control of a boat while there is liquor in it.  There are two exceptions.  If the liquor is in an unopened container, with the seal unbroken, it is legal to carry the alcohol in the boat.  It is also legal if the alcohol is stored in a closed compartment. 

It is important to remember that the operator can be charged if there is open alcohol in the boat.  In other words, you cannot allow your passengers to have a cold one while they are fishing even if you, the operator, are not. 

What I find interesting is the completely different attitude that most people have (I confess, me included) to alcohol in a boat.  I suspect most people would not think twice about having a couple beers and then jumping in the boat to go grab some snacks from the marina.  How many people go fishing and bring a few beers or smart coffees along?  I would not dream of driving a car while impaired but I can’t say the same thing about a boat.  Is it because we don’t perceive as much risk of accident (that’s probably the way I look at it) or it is because we don’t see many RIDE checks on the water? 

On the other hand, if you are in a car accident and are rendered unconscious, you might be OK (unless it’s freezing cold or there are really big vultures hovering).  However, if you have a boat accident and are rendered unconscious, you might be drowning in a hurry.

I’m not trying to spoil your summer – I’m just trying to help you prevent your summer from spoiling the rest of your life.