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Other Infosheets - Civil Responsibility in QuebecClauses Limiting Responsibility
People operating businesses often try to limit their responsibility for damage, theft or accident. How meaningful are those “We are not responsible for…” signs you see when you leave your car in a parking lot, coat in a coat check, clothing at the drycleaner’s or luggage at the airline check-in counter? What about exclusion clauses on tickets to ski hills and water parks?In this Infosheet, Éducaloi explains exclusion of responsiblility clauses and when they apply.
What is meant by a clause that limits or excludes responsibility?
An limitation or exclusion of responsibility clause is a statement in a contract, on a sign, or on other type of display limiting or excluding a person’s responsibility (civil liability) if you suffer damages while using his services, facilities, property, etc.These kinds of clauses are only valid when:
- they are clearly written
- they don't lead to confusion (the user of the service should not be asking himself what the clause means)
- the person using the service is aware of the clause and consents to it
Essentially, the person who relies on the clause must be able to say that you read, saw or were told about it.
Are merchants always allowed to invoke exclusion clauses?
No. The law states that, in some situations, a clause limiting or excluding liability is invalid, even if you knew about it.- A clause that limits or excludes a person’s responsibility for bodily or moral injury (for example, injury to your reputation) is invalid.
Example: Last Thursday, you went to a waterslide and suffered a serious injury because of a poorly maintained slide. The clause on the back of the ticket excluding the park’s responsibility in the event of injury is not valid. If you can prove the park was at fault in your accident, it will be responsible for any bodily or moral injury you suffered.
- A person cannot exclude or limit his responsibility for material injury caused to you due to a gross fault – that is, reckless, careless or negligent behaviour that completely ignores the interests of other people.
Example: A merchant who sells you goods and stores them for you cannot rely on a exclusion clause when the goods were neither supervised nor protected and were stolen as a result.
Is a ski resort liable for bodily injuries I suffer downhill skiing?
Yes, even though the reverse side of most ski tickets state that the ski resort is not liable for injury. The law prohibits the limitation or exclusion of responsibility for bodily injuries.But even though these clauses are not valid, if you want compensation for injury caused by a ski accident, you must prove that the ski resort was at fault. People must assume the risks inherent in the sport of downhill skiing. Therefore, the owner of a ski resort will only be held liable if your accident was due to unsafe facilities or a failure to warn you of specific dangers.
Needless to say, if you ski off marked trails, ski too fast, or venture onto expert trails when you’re a beginner, you have only yourself to blame for any accident. For more information, consult the Infosheet Sports, Leisure Activities and Civil Responsibility (http://www.educaloi.qc.ca/en/loi/other_infosheets/117/).
I paid to park my car at a parking lot. What happens if my car is damaged or stolen?
The owner of the parking lot must prove that he showed you the exemption clause if he wants to rely on it. If he did not, he can be held liable for the theft of items often found in a vehicle, damage to your vehicle and theft of your vehicle.My dry cleaner damaged my shirt. Is the exclusion clause valid?
A merchant such as a dry cleaner is supposed to be a specialist in his field. That’s why, as a general rule, he cannot shield himself from responsibility if he damages your clothing while doing the job he was hired to do.However, if you ask your dry cleaner to clean a special fabric or remove a difficult stain, and the dry cleaner tells you it involves risk and he won't be responsible, you assume that risk as soon as you leave the clothing with the dry cleaner. If your clothing is damaged, you assume the cost.
Can an airline limit its responsibility if it loses my luggage?
Yes. The liability of airlines for lost, damaged or late baggage can be limited and it can change from one company to the other. Also, this liability can vary depending on whether you are travelling inside Canada, between Canada and the United States, or elsewhere in the world.On the back of any airline ticket you will notice a statement limiting the airline’s responsibility if your luggage is lost or damaged.
However, bear in mind that an airline’s responsibility is not limited if it was grossly negligent. In other words, if the airline or its employees did not take the minimum means required to avoid the damage, the airline must compensate you for the total loss incurred.