[Going to the ice and snow together] Must see before skiing! Please keep this legal risk warning of skiing.

With the hosting of the Winter Olympics

Skiing has attracted more and more attention.

Many sports enthusiasts walk into ski resorts.

Experience the freedom and excitement brought by skiing.

Let’s have a look together.

What legal risks should be paid attention to in skiing?

Case study

In the process of falling down the snowy road, because Joe hit Oumou during skiing, Oumou fell and caused a broken fracture of his right thigh and femoral shaft, and he was hospitalized for bone fracture surgery. Therefore, he sued the court and asked Qiao and A Ski Resort to compensate Ou for medical expenses and other expenses. After trial, the court held that Joe found that Ou Mou, who was taxiing nearby, failed to avoid it safely in time, resulting in contact between the two sides and injury to Ou Mou, and he should bear corresponding responsibilities. However, Oumou was only 10 years old at the time of the crime. His father took Oumou to ski on the high-risk intermediate slide, and let Oumou ski alone on the intermediate slide. He did not assist him or take corresponding protective measures. He did not fulfill his guardianship responsibility and did not submit evidence to prove his position and sliding order with Qiaomou at the time of the crime. He should also bear corresponding civil liabilities and reduce Qiaomou’s liability for compensation. As the manager of the ski resort, A Ski Resort failed to reasonably foresee the corresponding risks and remind them when minors entered the high-risk intermediate slide skiing alone, failed to fulfill their safety guarantee obligations, and had certain faults in the accident, so they should bear corresponding supplementary responsibilities.

Judge’s interpretation

1. Skiers are injured because the ski resort fails to fulfill its security obligations.

Law link:

Article 1198 of the Civil Code: Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.

The judge suggested:

Ski resorts, as operators and managers of skiing activities, have the legal obligation to protect the personal and property safety of skiers during skiing. If they fail to provide evidence to prove that they have fulfilled their safety protection obligations, they should bear corresponding tort liability for the damage suffered by skiers. If skiers are at fault, the responsibility of ski resorts can be appropriately reduced. The hidden dangers and loopholes caused by the non-compliance of ski resorts may lead to injury accidents or the expansion of damage results. However, the failure of ski resorts to fulfill their security obligations is generally reflected in the field and the management of ski resorts. Site risk refers to that the site setting of the ski resort does not meet the corresponding standards, such as there are exposed debris, wires and other sundries on the snow surface, and there is no standard fence around the snow trail. The management of ski resorts is mainly reflected in the safety risks caused by unscientific and non-compliant management in the daily operation of ski resorts, such as the failure to clearly mark the level of ski resorts and the untimely rescue of dangers.

2. The skier was injured due to the third person.

Law link:

Article 175 of the Civil Code: The damage was caused by a third person, who should bear the tort liability.

Article 1179 of the Civil Code infringes upon others and causes personal injury, it shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

The judge suggested:

The risk caused by a third person generally refers to the risk of collision between skiers due to their failure to fulfill their duty of care. When skiing, we should fully observe the changes of the surrounding environment, select the snow trail and training ground according to our own ability, and take reasonable avoidance measures during skiing to keep a safe distance. Ski resorts are also obliged to manage the safety of tourists, such as controlling the flow of people on the ski slopes and reducing or avoiding the potential risks of tourists when skiing. In case of collision during skiing, you should try to save the basic evidence on the spot, or apply for the surveillance video of the ski resort, so as to clarify the division of responsibilities between the two parties.

3. Skiers are injured due to their own reasons.

Law link:

Article 1165 of the Civil Code. If an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

The judge suggested:

Skiers’ own risks are generally reflected in: the risk caused by skiing in a state that is not suitable for skiing, the risk caused by not wearing ski equipment according to regulations, the risk caused by choosing a slide beyond the technical level, and the risk caused by not paying due attention to the obligation when skiing. Skiers should bear the main responsibility for personal injury caused by their failure to fulfill their reasonable duty of care. During the operation of ski resorts, corresponding risk warnings should be made beside ski tickets and snow trails, and guardrails should be set up according to protection standards. Skiing is a very dangerous recreational activity. Skiers should buy insurance before skiing, wear protective gear when skiing, choose the trail that suits them, and go downhill step by step on the premise of ensuring safety.

Source: Beijing Fengtai Court

Original title: "[Going to the ice and snow together] must see before skiing! Please keep this legal risk warning for skiing.