The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1]
Background
In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the deceased’s dependents and beneficiaries against the Defendants, namely, Oyster Bed Speedway, Maritime Pro Stock Tour Ltd., and Shaw’s Towing Service (1984) Ltd. Mr. Stevens’ participation in the race, and the Tour series by extension, was conditional on his entering into various waiver and assumption of risk forms.