Backcountry skiing collision injury at your own risk
□ Our reporter Pan Congwu
□ Our correspondent Lu Xuelian
The holding of the Winter Olympics has attracted many sports enthusiasts to join the ranks of ice and snow sports. Many people are gearing up to challenge themselves like athletes on the field.
But in order to ski, you must first have the corresponding strength, and secondly, it should be carried out in a regular ski resort.
Want to fly when you "ski a wild snow"?
The result is likely to be no surprises, but constant thrills.
Recently, the People's Court of Jinghe County, Bortala Mongolian Autonomous Prefecture, Xinjiang Uygur Autonomous Region heard a case of disputes arising from skiing.
The court found that Yao and Qu were skiing in the wild with their families, and pushed their nephew and daughter who were riding on the snow ring down a high slope of about 200 meters. Li, causing Li to be injured, causing Li's various economic losses of 15,270.52 yuan.
Subsequently, after mediation by the police station and the judicial office failed, Li sued to the Jinghe County People's Court, requesting Yao and Qu to compensate for the losses.
The Jinghe Court held that, according to the first paragraph of Article 1176 of the Civil Code, if the victim voluntarily participates in cultural and sports activities with certain risks, and the behavior of other participants is harmed, the victim shall not request other participants. assume tort liability; however, unless other participants have intentional or gross negligence for the occurrence of damages.
In this case, Li did not provide evidence to prove that Qu and Yao intentionally caused Li to be injured, nor did they provide evidence of gross negligence.
Accordingly, the court ruled to reject Li's claim.
The judge said after the court that skiing is a risky cultural and sports project with certain skills and risks.
In this case, the place where the plaintiff and the defendant chose to ski belong to the suburbs without organizers and managers, not a regular ski resort.
As a person with full capacity for civil conduct, Li is fully capable of judging the high risk of skiing with a simple snow ring in the densely populated and unmanaged suburbs. He is still willing to ski, which is a risky behavior.
Accordingly, the court made the above judgment.