In recent years, winter ice and snow entertainment activities such as skiing have become more and more popular with the public, and it has become a great pleasure in many people's lives to invite friends to the ski resort to relax during holidays, however, skiing is also a sport with frequent accidents.
Netizen consultation:
In the event of a "rear-end collision" in the ski resort, who is responsible
Lawyer answers:
1. Rear skiers. The perpetrator shall bear civil liability for infringing on the civil rights and interests of others due to his fault. Skiers should engage in skiing activities corresponding to their skiing ability, and when skiing in the ski resort, the skiers in front have priority, and the skiers behind should choose reasonable skiing routes, take avoidance measures in a timely manner, and fail to take measures to avoid the victims in front, resulting in a "rear-end collision" accident, and the tortfeasor is at fault and shall bear the liability for compensation.
2. Skiers ahead. Skiing is a professional, skillful, and dangerous activity, and skiers should know the danger of skiing, and should have a certain amount of foreknowledge of the damage that may be caused by skiing, and should bear certain responsibility for the physical injury caused by failure to fulfill the duty of care.
3. Ski resorts. As the operators and managers of ski resorts, ski resorts shall have relevant professional qualifications and management capabilities required by the ski industry. If a ski resort fails to fulfill its safety and security obligations that match its professional management capabilities and causes personal injury to skiers, it shall be liable for the consequences of tort damages.
Lawyer adds:
Those who infringe upon others and cause personal injuries shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation;If death is caused, funeral expenses and death compensation shall also be compensated.
Legal basis] Article 1165 of the Civil Code: Where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.