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ARTICLE · 08 FEBRUARY 2024

Recreational Vehicle Liability (Desrochers v. McGinnis)

Gardiner Roberts LLP
Gardiner Roberts LLP
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Vehicles, such as all-terrain vehicles ("ATV"), Skidoos, Jet Skis and SeaDoos, have both practical and recreational purposes. However, they are modes of transportation whose use is unfamiliar to many.

CanadaTransport
Stephen Thiele
Stephen Thiele
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Vehicles, such as all-terrain vehicles ("ATV"), Skidoos, Jet Skis and SeaDoos, have both practical and recreational purposes. However, they are modes of transportation whose use is unfamiliar to many. Like a car, users require some instruction on how to operate and handle these powerful vehicles. Use of these vehicles without proper instruction can result in serious injury to others and/or the user. Although one might believe that the responsibility for injuries caused by the operation of a recreational vehicle should be the sole responsibility of the user, common law and statutory provisions can transfer the bulk of the liability to the person who authorized the user to drive or ride a recreational vehicle and/or the vehicle's owner.

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