"Ice and Snow Fever" High Energy, How to Ski Safer
□ Our reporter Xu Weilun Our newspaper correspondent Zhang Liting
The holding of the Beijing Winter Olympics has ignited everyone's love for ice and snow sports. However, skiing, skating and other sports have certain difficulties and risks, and accidents are very easy for ordinary players.
In this regard, the judge of the People's Court of Fangshan District, Beijing reminded through actual cases that tourists should pay attention to on-site safety prompts and warning signs when engaging in ice and snow sports, patiently listen to the advice and guidance of on-site staff, and do not take risks to make dangerous actions to prevent accidents. occur.
The skier ahead has priority
Xiaoxue (pseudonym) is a senior ski enthusiast who goes to the ski resort to show off his skills every winter.
Xiaoyu (pseudonym) is also a ski enthusiast. Taking advantage of the holiday, he came to the ski resort for the "first experience" of the season.
On that day, Xiaoxue and Xiaoyu were both sliding on the high-level snow track. Xiaoxue used a double board to slide in a straight line in front, and Xiaoyu used a single board to slide in an S-shaped route. When they approached the end of the snow track, the two collided and Xiaoxue fell to the ground. Hurt.
Afterwards, Xiaoxue sued Xiaoyu and the ski resort to the court, demanding compensation for medical expenses, transportation expenses and other losses.
The court held that Xiaoyu, as a skier in the rear, should keep a distance from the skier in front and control the speed.
Because Xiaoyu did not take into account the priority of the skier in front of him during the descent, he hurt the skier in front of Xiaoxue, and Xiaoyu was at fault for this.
In addition, Xiaoyu was also at fault for not wearing snow goggles and protective gear during the skiing process, so Xiaoyu should bear the main responsibility for the accident.
As an adult with full capacity for civil conduct, Xiaoxue did not exercise due diligence when she was sliding on intermediate and advanced ski slopes, especially when people gathered near the end of the skiing, and had a certain degree of responsibility for the accident. fault, should bear secondary responsibility.
Regarding the ski resort involved in the case, the court held that, as a manager, although he erected warning signs, played relevant safety prompts in a loop, and provided staff to patrol the ski resort, since skiing is a highly dangerous activity, skiing is a highly dangerous activity. The resort did not provide necessary safety protection tools for skiers entering the intermediate and advanced ski trails, nor did it set up safety guards to prevent skiers who did not wear protective gear from entering the intermediate and advanced ski trails, indicating that the management of the ski resort did not do their due diligence. Safety guarantee obligations shall bear corresponding supplementary responsibilities.
Accordingly, the court ruled that Xiaoyu should bear 70% of the responsibility, Xiaoxue should bear 30% of the responsibility, and the manager of the ski resort should bear no more than 10% of the supplementary responsibility.
Operators should take adequate security measures
The judge of Fangshan Court reminded that compared with general sports, skiing, ice skating and other sports are skillful and risky, and the infringement disputes arising from these sports are very complicated, and the responsibilities of all parties need to be analyzed in detail based on the circumstances of the case.
For operators, it is necessary to take adequate security measures to reduce the additional risks of activities.
For example, reasonably post instructions for use and warning signs in the venue, take adequate safety precautions, remind everyone to pay attention to safety, and provide sufficient guidance and training to participants when necessary, especially for first-time skiers. And guide it to the beginner slopes.
At the same time, ski resorts should conduct real-time monitoring and testing of sports venues and equipment, give clear warnings to places that may endanger personal and property safety, mark and explain the correct use methods, provide necessary safety protection tools, and do a good job in safety protection.
In addition, the ski resort should be equipped with professional medical staff. Once damage occurs, the victim can be treated in time.
If the safety and security obligor causes damage to others due to his violation of legal obligations, it only involves the obligor and the victim. At this time, the obligor himself bears the tort liability, and the principle of fault liability is directly applicable; if the accident is mainly caused by the fault of a third party As a result of the behavior, the operator, manager or organizer who fails to fulfill the obligation of safety protection shall bear the corresponding supplementary responsibility at this time, and may recover compensation from a third party afterwards.
Parents of children skiing should not let it go
"Sports such as skiing and ice skating generally have the characteristics of high speed and high difficulty. In the event of an infringement dispute, if the infringed person is at fault, he must bear the corresponding responsibility for his fault." The judge reminded that in order to avoid infringement disputes, skiing Participants should fully understand the risk factor, experience conditions, precautions, etc. of the project before participating in the activity, and make a reasonable plan.
When participating, you should take safety protection measures as required, wear safety protection tools, and do not perform dangerous sports when there are no protective conditions to prevent accidents.
Ice and snow sports such as skiing and skating are super attractive to children, and many parents are also willing to let their children improve their physical fitness and get closer to nature.
However, it should be noted that the cognitive ability and judgment ability of minors are relatively weak, so accidents are more likely to occur when participating in certain dangerous activities.
Therefore, when leading their children to participate in ice and snow sports, parents should choose suitable ice and snow sports according to the age of the minors and their own conditions. During the activity, they should always pay attention to the sports conditions of the minors, and do not let the minors out of the scope of supervision. to prevent accidents.