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ARTICLE · 03 SEPTEMBER 2014

Zip Line Operator Cannot Contract Out Of Responsibility For Motor Vehicle Crash

Foster & Company
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The Plaintiff suffered serious injuries in a motor vehicle accident while returning to Whistler Village following a zip lining adventure with the Defendant.

CanadaLitigation, Mediation & Arbitration
Katherine Toner
Katherine Toner
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Neidermeyer v Charlton, 2014 BCCA 165

The Plaintiff, Karen Neidermeyer, suffered serious injuries in a motor vehicle accident while returning to Whistler Village following a zip lining adventure with the Defendant, Ziptrek Ecotours Inc. ("Ziptrek"). The van in which Neidermeyer was a passenger was owned by Ziptrek and operated by an employee of Ziptrek, William Charlton.

The Ziptrek van went off the road, overturned and fell down a hill. While admitting that the accident occurred due to Charlton's negligence, Ziptrek argued that Neidermeyer's claim was defeated by a release she had signed prior to embarking on the zip lining adventure.

The release specified that Neidermeyer waived all claims against Ziptrek and its employees for any and all liability, including personal injury, associated with the "Adventure Activities" being provided. The definition of Adventure Activities included "travel to and from the tour areas".

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