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Winter sports are very accident prone . How areresponsibilities determined? How to get rectified?
“In the event of a skiing accident, the determination of responsibility may depend on various factors. This may include assessing the actions of the skier involved, any negligence on the part of the ski resort or its staff, and compliance with safety rules. Legal liability may vary depending on the specific circumstances and applicable laws.
If the accident involves another skier
A person who hits you on a slope will always be considered responsible.
The uphill skier is also always considered responsible, insofar as he has a clear vision, and control of his gesture in relation to the downhill skier. In all cases, you must provide the certificates of the people present at the time of the accident.
If I hurt myself on a climb
It should be determined whether you played an active role or not. Your role is considered active if your behavior has had an impact on the progress of the ascent; you are then considered responsible.
Without an active role on your part, the ski lift operator is considered liable for the damage. However, it may be exonerated from all liability in the event of force majeure, if the damage results from events that it could not foresee.
If I am injured because of an infrastructure
If a dangerous infrastructure (tree, pole) is on the track, the operator of the domain is held responsible. The mayor can also be implicated, within the framework of his duty of security on the territory.
If I hurt myself during a class
This is the full responsibility of the teacher. The contract that binds you to him implies a follow-up. He is therefore responsible for the places where he takes you skiing, and for any damage you may suffer.
If I hurt myself off track
Neither the mayor nor the operator are required to secure the entire mountain. If you ski off-piste, you are solely responsible.
Société d’Avocats DAMY , Nice, Who is liable in the event of a skiing accident?, Update 2022
