What happens if an inmate escapes from prison and injures someone before being caught? Is the inmate solely responsible, or could the institution also face liability in a personal injury claim?
That question has become particularly timely in Kingston, as on September 24, 2026, a 49-year-old inmate was found to be missing during a formal count at the minimum-security unit of Collins Bay Institution. According to Correctional Service Canada, the individual is serving a life sentence for first-degree murder and a drug trafficking offence.
The escaped inmate could potentially face civil liability for injuries caused by an assault, collision or other wrongful act. The law in Ontario that governs personal injury claims allows for injured people to pursue compensation where another person’s intentional or negligent conduct causes harm. One of our recent blogs explains how tort claims in Ontario work, and discusses the various monetary values that may be awarded for pain and suffering, income loss, treatment expenses and future care costs.
But in the case of an escaped inmate, a difficult question will be whether liability could extend beyond the inmate.
The short answer is, potentially. Although, an escape does not automatically mean the government was negligent.
Collins Bay Institution is operated by the federal Correctional Service of Canada and stemming from sections 3 and 10 the Crown Liability and Proceedings Act, the federal Crown can, in certain circumstances, be liable for torts committed by its servants.
A personal injury claim arising from an inmate escape would therefore require a close investigation into exactly what happened. Considerable factors may be:
Those questions matter because, as we discussed in Can I Sue the Government?, claims against public authorities are often complex and can involve legal rules that do not apply in an ordinary negligence lawsuit.
Escapes are not the only way inmates can unexpectedly return to the community.
Earlier in 2026, reports revealed repeated improper releases from Ontario jails. Bergeron Clifford examined that issue in Ontario Improper Inmate Release: Public Safety Risks and Government Liability Concerns.
Whether an inmate is mistakenly released or escapes on their own, the exact same question arises:
If a correctional facility enables an inmate to enter into the community and that person injures a member of the public, was the resulting harm sufficiently foreseeable and connected to their negligence?
The answer to this question will depend on the specific facts of each case. Possible defendants may include, but are not limited to:
The practical takeaway is simple: an inmate may be directly responsible for an injury, but that does not necessarily end the liability analysis. Where an escape or improper release may have resulted from negligence, the conduct of the responsible correctional authority may also need to be examined.
If an escaped or improperly released inmate causes an injury, preserve police reports, witness information, photographs, medical records and any information about how the incident occurred. Claims involving government defendants can raise special procedural and limitation issues, making early investigation particularly important.
If you have questions about a personal injury claim in Kingston, Ottawa or elsewhere in Eastern Ontario, the team at Bergeron Clifford Injury Lawyers is pleased to help. You can schedule a free personal injury consultation today.
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