The children were injured by loose skis, and the ski resort was to blame. What happened?
Xiaoqiang (12 years old) went to the ski resort with his family. Xiaoqiang accidentally fell while skiing on the advanced slopes, resulting in an injury to his left leg.
After medical examination, multiple fractures were found. He was also assessed as a Grade 10 disability.
Xiaoqiang's parents said that Xiaoqiang's skis were loose, but the staff did not deal with them in time, resulting in his injury.
Ski resorts have posted various safety instructions as an excuse to indicate that they have fulfilled their duty to protect them. He also believes that the parents have a great responsibility for leading Xiaoqiang into the high-level ski slopes without authorization.
It is understood that the ski resort has insured public liability insurance, and the accident occurred within the insurance period.
Compensation or no compensation
Determination of responsibility for ski resorts:
Ski resort operators are responsible for the safety and security of related facilities and ski equipment. Those who fail to fulfill their security obligations and cause damage to others shall be liable for compensation.
When Xiaoqiang buys a ticket to enter the ski resort, he should ensure Xiaoqiang's personal safety.
The ski slopes provided to Xiaoqiang were loose, and the staff did not deal with them in time, resulting in Xiaoqiang falling and being injured during the skiing process, and the ski resort should bear the liability for compensation.
Can safety instructions exempt ski resorts from liability?
Although the ski resort has set up and posted warning notice boards and printed safety instructions on the back of the package, the skiers have been warned.
However, the content of the above-mentioned notice is a standard clause, and it cannot be exempted from liability in accordance with the law for the situation of causing personal injury to others.
Moreover, based on the statements of both parties and Xiaoqiang's damage consequences, it can be determined that the safety precautions and protection measures of the ski resort are insufficient, and the safety guarantee obligations have not been fulfilled.
The ski resort bears 75% of Xiaoqiang's loss, about 110,000 yuan. The insurance company is responsible for the compensation of the ski resort, and the shortfall shall be borne by itself.
Determination of the responsibility of Xiaoqiang and his parents:
Xiaoqiang continued to ski knowing that the skis were loose and there were potential safety hazards, which was at fault.
Xiaoqiang is a minor, and skiing on the advanced slopes is a high-risk sport, and as Xiaoqiang's guardian did not dissuade him, he should also bear the corresponding civil liability.
Xiaoqiang and his guardian bear 25% of the loss. Write at the end
For tourists:
1) Knowing that there are potential safety hazards in the equipment, but still insisting on skiing, it is very easy to cause accidents.
2) In the case of low technical level and incomplete equipment, it is recommended not to enter the advanced slopes, especially not to bring children without permission.
For ski resorts:
Safety precautions are important precautions, but they are not a reason to avoid liability. In addition to safety precautions, other safety measures should also be in place for ski resorts.