Legal Question in Personal Injury in Canada

Re: Liability

The answer to your question as to potential liability depends on a number of factors. Firstly, I would suggest that somebody reports the concern to club management. Determining who would be potentially liable in the event that the operator is injured while using the equipment is dependant on many variables. The operator would likely name both the club and the manufacturer of the equipment in a lawsuit, who might in turn claim that the operator was negligent and either caused or at least contributed to his own injuries by the way he operated the tractor. The ultimate result in apportioning liability will depend on the specific facts and evidence presented. I think it would be important for the operator to make it clear now that he believes the equipment is unsafe. A formal complaint about the equipment will put the onus on the club to at least acknowledge the complaint and provide a response.