The Rise of E-Scooters on Toronto Sidewalks: Who is Liable?, Canada Reviews

See all posts by Diamond and Diamond Lawyers

Darryl Singer leads Diamond & Diamond’s Commercial and Civil Litigation Practice Group, bringing nearly 25 years of trial experience across personal injury, business disputes, employment law, and professional negligence matters.

E-scooters are popping up all over Toronto, on sidewalks, in bike lanes, weaving through the downtown core. They’re fun, they’re convenient, and they come with a whole set of legal questions that most riders and pedestrians haven’t thought about yet. And with warmer weather bringing even more scooters onto city streets, it’s worth understanding where you stand if something goes wrong.

You Can Buy One, But You Can’t Ride One

Here’s the thing most people don’t realize: the City of Toronto has officially opted out of Ontario’s provincial e-scooter pilot project. That means while you can walk into a store and purchase an e-scooter, riding one on any public road, sidewalk, bike lane, or park trail in the city is actually illegal.

So what happens when a rider on an e-scooter hits a pedestrian on a sidewalk? Because they weren’t supposed to be riding there in the first place, the rider starts off in a tough legal position. A court is going to take that illegal operation seriously when figuring out who was at fault. It’s one of the first things that will come up in any personal injury claim, and it puts the rider at a real disadvantage right out of the gate.

It’s Not Always Clear Who’s At Fault

Darryl Singer, Lawyer and Partner at Diamond and Diamond, shares, “these micro-mobility options are growing fast, and the legal landscape is trying to keep up.” Unlike a typical car accident, an e-scooter incident can involve a mix of municipal bylaws, provincial regulations, and private insurance. Sorting out who’s responsible takes some digging, and the answer isn’t always obvious.

• The Rider: If they were speeding on a crowded sidewalk or ignoring traffic signals, they can be held liable for injuries caused to pedestrians.
• The City: Poor road maintenance or lack of clear signage about where e-scooters are permitted can bring municipal liability into question.
• The Rental Company: Mechanical failures or lack of proper maintenance on rental units can shift the focus to the companies providing the service.

In many cases, liability doesn’t fall squarely on just one party. “We’re seeing situations where multiple factors contribute to an accident, and that means multiple parties could share responsibility,” says Singer. That’s what makes these cases particularly tricky to navigate without legal guidance.

What To Do If You’ve Been Hurt

“It can be difficult, especially right after an accident, to understand your rights without feeling overwhelmed,” says Darryl Singer. Because e-scooters often fall into a grey area when it comes to insurance, victims can find themselves fighting for coverage that isn’t as clearly defined as a standard auto policy. Many people don’t realize that their own home or auto insurance may or may not cover an e-scooter related injury, which only adds to the confusion.

The bottom line is that e-scooter laws and insurance rules in Toronto are a patchwork right now. If you’ve been injured, a pedestrian accident lawyer can help you understand how strong your claim is and fight to get you compensation for medical bills, lost wages, and pain and suffering.

If you or a loved one has been involved in an e-scooter incident, contact Diamond and Diamond at 1-800-567-HURT for a free, no-obligation consultation.

About Jeremy Diamond