With the rise of ice and snow sports, skiing has become a popular sport for many people. However, due to the professional and technical nature of skiing, there is a certain degree of danger, and accidents caused by it every year are not uncommon. So who is responsible for "rear-ending" and injuring others on the snow track? Let's take a look at a case reported by the Changping Court in Beijing.
Mr. Hu is a beginner skier, and on the day of the incident, he went on the intermediate ski slope and hit Ms. Li, who was braking on the slope in front of him to adjust his speed, causing Ms. Li to fracture her lumbar vertebrae. Later, Ms. Li sued Mr. Hu to the court, demanding compensation of 90,000 yuan for various losses.
After the trial, the court held that the skier should choose the slope that is suitable for his or her technical ability, that the beginner skier should not ski on the intermediate course, that the rider in front should have priority, and that the skier coming from behind should choose a course that does not pose a danger to the rider in front. In this case, Mr. Hu, as a beginner skier, should not have skied on intermediate slopes.
Judge Sun Ying of the People's Court of Changping District, Beijing:As a beginner, Hu chose the intermediate ski slope without correctly judging his skiing ability. When Ms. Li appeared in front of him in front of him, he was unable to brake and avoid in time, which caused Ms. Li's injury, so we believe that Hu should bear the main responsibility.
The court held that Ms. Li, as a skiing enthusiast, should have understood and been familiar with the danger of staying in the middle of the slope, and that she should also bear part of the responsibility for being injured by Hu who slid down while braking in the middle of the slope. Finally, according to the degree of fault of Ms. Li and Mr. Hu, the court determined that Mr. Hu should bear 70% of the liability and compensate Ms. Li for various expenses such as lost work expenses, nursing expenses, and nutrition expenses of more than 40,000 yuan.
Sideways gliding in violation of the rules.
In the event of an accident, you shall bear your own responsibility.
According to the provisions of the "China Ski Sports Safety Regulations", the glider in front of the ski slope has priority, and the latter may be held responsible for "rear-ending"; In addition, when crossing and turning in the slope, those who are descending from the top down the slope will be given priority, which is a bit similar to the traffic rules that merging vehicles cannot affect the traffic rules of vehicles going straight, otherwise, the skier who turns and crosses the slope will be held responsible.
Although Yuan is a minor, he is already a skilled skier, and on the day of the incident, he collided with Yang who was sliding from top to bottom while skiing sideways on the lower section of an intermediate slope of a ski resort, and Yang was also a minor. After being diagnosed by the hospital, Yuan suffered patellar ligament injury in his left leg. Yuan believes that Yang found himself sliding in front of him during the sliding process, and failed to avoid it in time, resulting in hitting and injuring himself, and should bear tort liability and demand compensation for medical expenses and nursing expenses totaling more than 50,000 yuan.
The court found out that at the time of the incident, Yuan was sliding horizontally from the right side to the left at a relatively fast speed, and Yang was sliding from top to bottom. Referring to Article 6 of the "China Ski Sports Safety Regulations", when the skier starts, stops, crosses and turns in the ski slope, the person who slides from the top to the bottom is preferred. Based on this, it was determined that Yuan should bear full responsibility for the occurrence of the damage. Secondly, from the perspective of safety protection, in addition to wearing a helmet, Yuan did not wear other protective equipment that day, and his guardian and Yuan himself did not fully fulfill their safety protection obligations.
Judge Tan Shuge of the People's Court of Changping District, Beijing:Skiing itself is a risky activity. According to the relevant provisions of the Civil Code, all participants should be aware of this risk, and unless the other party is intentional or grossly negligent, the injured party can ask the other party to bear the liability for compensation, otherwise they can only be willing to take the risk.
In the end, the court rejected all of Yuan's claims. The judge reminded that skiing is a high-risk sport, skiers should fully understand the rules of the sport, fulfill the duty of reasonable care, whether it is skis or snowboard, the rear skier must choose a line that does not endanger the skier in front of him, to prevent "rear-end collision"; Skiers are not allowed to stay on the slopes without reason and are not allowed to cross the slopes at will. At the same time, wear safety helmets, gloves, knee pads and other protective gear to avoid injury accidents.
The ski resort has not fulfilled its safety and security obligations.
Liability must be assumed.
If an accident occurs, the ski resort operator fails to fulfill its obligation to provide timely assistance, or the ski resort itself has potential safety hazards, the ski resort operator will inevitably bear tort liability.
Liu hired a coach for one-on-one teaching at a ski resort, and when skiing that night and night, Liu fell while sliding down the primary track, and was diagnosed with a fracture of the distal end of the right radius and a styloid fracture of the right ulna.
Liu believes that the ski resort is neither equipped with professional rescue personnel nor professional rescue equipment, and the coach found out and contacted his family to find rescue personnel long after he fell, so he asked the ski resort to compensate him more than 20 yuan.
Failure to prove timely rescue of the ski resort was awarded compensation 450 thousand.
After the trial, the court held that the accident occurred during the one-on-one ski instruction, and after the accident, the ski resort carried out a certain rescue of Liu, although it claimed that it only took more than ten minutes from Liu's fall to the rescue and sent to the hall, but no evidence was submitted to prove it, and Liu did not recognize it. Finally, the court decided that the ski resort should bear 20% of the liability for compensation to Liu and compensate Liu for various losses, taking into account the risk of skiing itself, the causal force of both parties for the damage involved in the caseMore than 50,000 yuan.
Judge Liu Yang of the People's Court of Changping District, Beijing:As an operator, the ski resort should still be equipped with professional rescue personnel and rescue equipment. After the injured person is injured, it is necessary to take the initiative to fulfill the obligation to help. In the event of an accident, the best evidence should be fixed in time to avoid adverse legal consequences in the process of future disputes.
Skiing hit the electrical box and injured the ski resort to pay 6,000 yuan.
In another case, Mr. Yan was skiing at a ski resort when he hit a distribution box located on the left side of the slope, causing him to fracture his right maxilla.
The court held that the ski resort had set up a distribution box on the left side of the intermediate slope, failed to properly wrap it, did not set up obvious warning signs, and did not physically isolate it from the slope, and the ski resort had failed to fulfill its safety and security obligations, causing damage to Mr. Yan, and should bear tort liability. In the end, it was decided that the ski resort should bear 50% of the responsibility and compensate Mr. Yan for medical expenses and lost work expenses totaling more than 6,000 yuan.
CCTV reporter Ji Chenghai Wang Shuai).