As temperatures soar during Ontario’s summer season, outdoor events become a staple in many communities. From music festivals and charity runs to local fairs and public parades, people flock to these events to enjoy warm weather and entertainment. But what happens when the lack of basic safety provisions, such as access to shade or drinking water, results in serious heat-related illness or injury?
In recent years, heatstroke and dehydration have increasingly been recognized as preventable injuries when proper precautions are taken. This blog explores whether event organizers in Ontario can be held legally liable when attendees suffer injury due to exposure and what rights injury victims may have under Ontario law.
Understanding Heat-Related Injuries
Heat-related injuries occur when the body cannot adequately cool itself, especially during prolonged exposure to high temperatures. The risk increases when people engage in physical activity, are in crowded spaces, or do not have access to cooling mechanisms like water or shade. Common outcomes include dehydration, heat exhaustion, and in extreme cases, heatstroke (a medical emergency that can cause brain damage or death).
Children, seniors, people with certain medical conditions, and outdoor workers are especially vulnerable. However, even healthy adults can suffer heat-related injuries when basic safeguards are not in place. Ontario’s increasingly hot summers and high humidity levels have elevated this public health issue into a growing area of legal scrutiny.
Duty of Care at Public and Private Events
Under Ontario’s Occupiers’ Liability Act, event organizers, property owners, and other parties responsible for maintaining premises owe a duty of care to those attending their events. This duty requires them to take reasonable steps to ensure the safety of persons on their property. While most people associate this duty with slip-and-fall hazards or structural issues, it also extends to foreseeable health risks, including heat exposure.
In the context of outdoor events, this duty may include providing:
- Reasonable access to shade (e.g. tents, shaded rest areas)
- Free access to drinking water or water refill stations
- Emergency medical support or first aid stations
- Clear communication about heat warnings or safe locations
The legal question becomes whether the absence of such measures breaches the duty of care and whether that breach caused the injury in question.
What Counts as “Reasonable”?
A critical issue in these claims is determining what constitutes “reasonable” precautions. The law does not require perfection; it requires that event organizers act prudently based on what a reasonable person would do in the circumstances. Several factors influence this analysis:
- The size of the event: A large music festival drawing thousands will be held to a higher standard than a small backyard event.
- The nature of the event: Events involving physical exertion, such as charity runs or outdoor fitness classes, create a higher foreseeable risk of dehydration or heatstroke.
- Weather forecasts: If extreme heat was predicted, failure to respond appropriately may be viewed as negligent.
- Industry standards: Many event planning associations provide best practices or guidelines. Ignoring such standards could weigh in favour of liability.
Courts also consider what steps were taken to mitigate harm. If an event offered some shaded areas or bottled water for purchase but failed to provide free water when temperatures were extreme, this could be interpreted as failing to meet a reasonable standard of care.
Potential Defendants in a Summer Heat-Related Personal Injury Claim
Depending on the circumstances, several parties may bear legal responsibility for heat-related injuries:
- Event organizers or promoters who planned the event and arranged logistics
- Venue operators or landowners who permitted the use of the space
- Municipalities, if the event was public or supported by city permits or services
- Private security or medical contractors who failed to respond appropriately
In some cases, more than one defendant may share liability, especially if multiple organizations were involved in the event’s planning or execution.
Proving Causation in a Heat-Related Injury Claim
As with any personal injury claim, the plaintiff must show that the defendant’s negligence caused their injury. In heat-related cases, this can be complex. For example, if an attendee was already dehydrated or failed to bring their own water, the defence may argue that the plaintiff contributed to their condition.
However, courts will evaluate whether the defendant’s failure to provide reasonable safeguards materially increased the risk of harm. Expert medical evidence often plays a key role in linking the heat exposure at the event to the plaintiff’s injury, especially in cases involving delayed symptoms like kidney failure, fainting, or permanent neurological damage.
Ontario’s Negligence Act allows for damages to be reduced if the plaintiff’s actions played a role in the injury, but it does not eliminate liability altogether.
The Role of Waivers and Disclaimers
Many large events require attendees to agree to waivers or disclaimers of liability. While these contracts can limit certain legal claims, Ontario courts scrutinize them carefully, especially concerning public safety.
Courts may decline to enforce waivers if:
- They are overly broad or vague
- The injured party was not given a meaningful opportunity to read and understand them
- The conduct of the organizer goes beyond mere negligence (e.g. gross negligence or reckless disregard for safety)
Therefore, a waiver will not automatically defeat a personal injury claim, particularly if the injured person can show that the event failed to meet a reasonable standard of care under the circumstances.
What to Do If You’ve Been Injured Due to Heat Exposure
If you or a loved one suffered serious injury at an Ontario event due to a lack of shade, water, or proper emergency response, you may have grounds for a personal injury claim. It’s important to:
- Seek immediate medical attention and document your symptoms and treatment.
- Gather evidence of the event conditions, including photos, videos, witness statements, and promotional materials.
- Keep records of any expenses or losses incurred, including missed work or long-term health effects.
- Speak with a personal injury lawyer experienced in event-related claims.
Early legal advice can help you understand whether the circumstances meet the threshold for negligence and whether you may be entitled to compensation for pain and suffering, lost income, and medical costs.
Moving Toward Safer Summer Events in Ontario
With climate change increasing the frequency and intensity of heat waves, event organizers must be proactive in managing heat-related risks. This includes contingency planning and integrating heat safety into standard protocols, from providing misting stations and shade tents to deploying trained medical personnel on-site.
Under Ontario law, event organizers have a legal duty to provide a safe environment, and this includes protecting attendees from foreseeable environmental hazards such as extreme heat. While not every injury will result in a successful claim, those harmed due to preventable conditions at an event should not hesitate to explore their legal options. A knowledgeable personal injury lawyer can assess your case and help you pursue justice where negligence has occurred.
Tierney Stauffer LLP: Ottawa Occupiers’ Liability & Personal Injury Lawyers
If you or a loved one has suffered a serious heat-related injury at an outdoor event in Ontario due to an organizer’s negligence, you deserve to understand your legal rights. At Tierney Stauffer LLP, we are committed to providing personalized attention to each unique claim, working diligently to achieve the best possible resolution for you. Our experienced personal injury lawyers are ready to assess your case with a free, no-obligation consultation. Reach out to us directly at 1-888-799-8057 or connect with us online to explore how we can help you pursue the justice and compensation you deserve.
