Ottawa winters are getting smarter. Autonomous sidewalk robots deliver food, GPS-guided snowplows clear neighbourhoods, and semi-autonomous machinery buzzes around city streets and campuses. These technologies promise convenience and efficiency, but they also introduce new risks.
When a robot or autonomous machine causes injury, the question becomes: who is responsible?
Below, our team at Bergeron Clifford LLP breaks down how liability works when Ottawa’s winter tech goes wrong.
Autonomous & Semi-Autonomous Machines in Ottawa’s Winter Environment
You may encounter several types of winter tech in the National Capital Region:
- Municipal and private snowplows equipped with GPS guidance, sensors, and semi-autonomous steering
- Sidewalk delivery robots, commonly used on campuses or urban cores
- Privately operated autonomous machinery, such as commercial property maintenance robots
- Pilot project vehicles under Ontario’s automated vehicle testing regulations
These devices are designed to improve winter accessibility, but like any tool, they can malfunction or be misused.
Common Accidents Involving Winter Tech
Injury scenarios our Ontario personal injury team sees or anticipates include:
- Pedestrians struck by snowplows whose operators rely too heavily on automated steering or guidance systems
- Delivery robots blocking sidewalks, causing slip-and-fall accidents
- Machines sliding on ice due to poor programming or maintenance
- Robots failing to detect mobility device users, strollers, or children
- Unexpected mechanical failure, such as battery issues in extreme cold
Autonomous systems are only as reliable as their programming, sensors, and human oversight.
Determining Liability: The Key Question
Who is liable when an autonomous or semi-autonomous machine injures someone?
In Ontario, liability is determined by looking at negligence, statutory obligations, and product responsibility. Depending on the situation, several parties may be held accountable.
Potentially Liable Parties in Ottawa Autonomous Machine Accidents
-
The Operator or Supervisor
Even autonomous equipment often requires human oversight.
Liability may arise if:
- The operator failed to monitor the machine
- Safety protocols were ignored
- The machine was used in dangerous weather conditions
- The snow removal operator was fatigued, distracted, or improperly trained
-
Municipalities (City of Ottawa or Nearby Communities)
Municipal liability may apply when:
- Sidewalks or roads are maintained by city-owned autonomous machinery
- A contracted operator uses autonomous tech improperly
- The City fails to inspect equipment or enforce safe operational guidelines
Ontario’s Municipal Act allows claims for negligent winter maintenance, but strict notice deadlines apply.
-
Private Property Owners & Contractors
Businesses, universities, or residential complexes using autonomous snow-clearing or delivery robots may be responsible if:
- The equipment created a hazard
- The owner failed to supervise or maintain it
- They used unapproved or unsafe technology
Under Ontario premises liability laws, property owners must keep areas reasonably safe.
-
Manufacturers & Software Developers
If the harm arises from:
- A programming error
- A sensor failure
- A defective design
- Unreliable winter-weather performance
then the developer or manufacturer may face a product liability claim.
-
Third-Party Maintenance Providers
Failure to update software, recalibrate sensors, or maintain the machine may create shared responsibility.
What to Do After an Injury Involving an Autonomous or Semi-Autonomous Machine
If you or a loved one is injured, take these steps:
- Seek medical attention immediately
- Take photos/videos of the machine, the location, and the hazard
- Get names and contacts of witnesses
- Report the incident to police, the municipality, or the property owner
- Preserve evidence, such as damaged clothing or mobility aids
- Contact a personal injury lawyer promptly; winter maintenance claims have tight deadlines, especially when municipalities are involved
How Bergeron Clifford LLP Helps
At Bergeron Clifford LLP, we have extensive experience handling complex personal injury claims across Ontario, including cases involving:
- Machinery accidents
- Municipal negligence
- Product liability
- Winter slip-and-fall cases
- Emerging technologies and autonomous systems
We investigate:
- Machine manufacturer data
- Operator logs
- Municipal or contractor reports
- Sensor or software malfunctions
- Witness statements and video evidence
Our goal is simple: to secure full compensation for your injuries, lost income, and long-term needs.
Winter Tech Is Evolving: Liability Law Is Too
Autonomous winter machines promise safer, more accessible cities, but when they fail, the consequences can be serious. Determining liability requires a careful investigation into human error, technological failures, and statutory duties.
If you have been injured by a snowplow, delivery robot, or any autonomous machine in Ottawa, Bergeron Clifford LLP is here to help.
KANON CLIFFORD
The ability to make a meaningful change in people’s lives is what attracts Kanon to injury law. For Kanon, the clients’ right to fair compensation is the pillar of his deep commitment to improving the lives of injured persons and their families. Kanon started at Bergeron Clifford as a summer student learning the ins and outs of injury law. He then completed his articles at our firm before being called to the Ontario bar in 2020.