In The News: When the Health and Safety of Children Are Involved, Owners Must Act: Raising the Duty‑of‑Care Bar
Dozens of children were taken to hospital after falling ill in a hotel pool in Canmore, Alberta. This incident raises important questions about hotel liability and duty of care for guests.
Recent reports of dozens of children being rushed to hospital after swimming in a Canmore hotel pool brings renewed attention to hotel liability in Alberta and the duty of care hotels owe to guests and visitors using their facilities.
In Alberta, that question is governed primarily by the Occupiers’ Liability Act, which sets out the obligations owed by those who control premises to people who enter them. Hotels are considered occupiers under Alberta law, as they operate commercial premises open to the public. As such, hotel operators are required to take reasonable care to ensure their premises are safe, including common amenities such as hotel swimming pools.
Unlike private residences, commercial hospitality venues invite guests onto the premises for profit. As a result, the standard of care under the Occupiers’ Liability Act is typically higher, particularly where families and children are encouraged to use facilities that involve known and foreseeable risks, such as swimming pools.
Hotel swimming pools present inherent and foreseeable risks, including the risk of chemical exposure from disinfectants, such as chlorine. Because those risks are well known, reasonable care in the context of hotel pool safety may include, but is not limited to:
– Properly storing and handling hazardous pool chemicals
– Maintaining equipment and ventilation systems to prevent leaks or chemical accumulation
– Ensuring staff are trained to recognize and respond to chemical exposure or pool-related injuries
– Conducting regular inspections and addressing issues promptly
A failure in any of these areas may constitute a breach of the duty owed under Alberta’s Occupiers’ Liability Act. Importantly, occupiers cannot avoid premises liability simply by claiming ignorance of a malfunction if reasonable inspection or oversight would have revealed the problem.
Courts have repeatedly acknowledged that the presence of children affects the standard of care. In Ryan v. Victoria (City), [1999] 1 SCR 201, the Supreme Court stressed that reasonable care must be assessed considering who is likely to be using the premises.
Where a hotel pool is actively used by children, occupiers may be expected to take additional precautions, including enhanced supervision, stricter maintenance protocols, and faster emergency response mechanisms.
The Canmore mass casualty incident underscores that the legal expectations for occupiers go beyond mere absence of harm. Instead, hotel operators are expected to engage in proactive risk management and take reasonable precautions for the safety of all visitors, especially where children and families are involved.
