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".

At trial, the judge concluded that Neidermeyer was "not entitled to recover damages due to Charlton's negligence because she surrendered that right when agreeing to the waiver and release of all claims as a condition of being permitted to use the Defendants' zip line facility".

Neidermeyer appealed, and the British Columbia Court of Appeal overturned the trial decision. The Court found that it was "contrary to public policy to permit the owner and/or operator of a motor vehicle to contract out of liability for damages for personal injuries suffered in a motor vehicle accident in British Columbia". British Columbia has a statutory scheme of compulsory universal insurance coverage for damages for personal injury arising from motor vehicle accidents, and a waiver cannot overcome liability arising from these accidents.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.