Who will bear the responsibility when skiing accidents occur frequently in ski resorts？

　　It is freezing in the cold, and it is the peak season of skiing. Many skiers gather in the ski resort to experience the excitement and freshness brought by skiing. However, skiing is also a sport with frequent accidents. It is frustrating to take part in ice and snow events with great joy but have an accident, whether you are injured yourself or others. How to avoid injuries is a problem that skiers and ski resort operators should consider.

　　Recently, the Fangshan District People’s Court in Beijing, after investigating relevant cases, combined with three specific cases, reminded skiers and ski resort operators to put safety awareness in the first place in ice and snow entertainment activities. Operators should do safety tips and protective assistance. Skiers should look ahead and look behind, be cautious and do what they can, and it is best to buy an accidental injury insurance before exercise.

　　Keep an eye on the surroundings and don’t take it lightly.

　　Taking care of children is the most important thing.

　　One winter, Ms. Liu took her two-year-old granddaughter to ski in a ski resort in Fangshan District. At 3 o’clock in the afternoon, when Ms. Liu was standing in the ski resort, she was suddenly knocked down by the ski ring that Mr. Zhang and her daughter were riding. Suddenly, Mr. Zhang quickly took Ms. Liu to the hospital for treatment. After diagnosis, Ms. Liu’s right little finger soft tissue injury, multiple rib fractures and left rotator cuff injury. Mr. Zhang paid all the inspection fees and medical expenses of Ms. Liu that day. Later, because the injury was not completely cured, Ms. Liu went to the hospital for re-examination many times. At this time, Mr. Zhang was unwilling to pay Ms. Liu’s related medical expenses and other losses. In desperation, Ms. Liu took Mr. Zhang to court.

　　During the trial, Mr. Zhang said that he believed that Ms. Liu was conducting unnecessary review in the follow-up, and these expenses should no longer be borne by him. However, Mr. Zhang did not submit sufficient evidence to prove his claim.

　　After the trial, the court held that according to the provisions of China’s Tort Liability Law, if personal injury is caused by infringement on others, reasonable expenses such as medical expenses, nursing expenses and transportation expenses should be compensated, as well as the income reduced due to missed work; If the disability is caused, it shall also compensate the living AIDS for the disability and the disability compensation; If death is caused, funeral expenses and death compensation shall also be paid. In this case, Mr. Zhang knocked down Ms. Liu during skiing, causing personal injury to Ms. Liu, and should compensate Ms. Liu for her reasonable expenses. Based on this, the court ordered Mr. Zhang to compensate Ms. Liu for various reasonable losses of more than 10,000 yuan.

　　The judge reminded that in the process of skiing, we should not only pay attention to our own safety, but also pay attention to whether there are others on the snowy road, pay more attention to observation and avoid it in time to avoid causing danger to others. Skiers should slow down or stop skiing where the snowy road is crowded, the terrain is undulating or the line of sight is not good or even blocked. At the same time, it is necessary to obey the instructions of the staff of the ski resort, and in case of emergency, ask the staff or nearby tourists for help in time.

　　It is worth noting that in this case, both Ms. Liu and Mr. Zhang took their children to the ski resort. In this regard, the judge reminded that minors should carry out sports suitable for their age and ability under the care of guardians. As guardians of minor children, they should always pay attention to the safety of children and avoid accidents; Older people should not experience intense sports such as ice sports and snow sports.

　　Insurance liability should be fully purchased.

　　Accidental retention of certificate

　　In 2018, Ms. Song and her friends went skiing in a ski resort in Fangshan District through the website registration. The registration fee was 250 yuan, including a national compulsory insurance, and the insurance amount was 2,000 yuan. When she arrived at the ski resort, Ms. Song, who had rich skiing experience, changed her ski suit, and began to slide down from the senior track. When she turned to the middle track, she suddenly fell and was injured. After that, she was taken to the hospital. After diagnosis, Ms. Song suffered from anterior cruciate fracture of her right knee, partial injury of medial collateral ligament and tibial fracture, and she underwent two operations. After leaving the hospital, the insurance company paid Ms. Song 2000 yuan, which was far lower than the actual cost of Ms. Song. Ms. Song believes that because there is ice slag on the slide of the ski resort, don’t hit your snowboard on the hard ice slag when you hit it to the left, causing yourself to fall down and land on your knees. The ski resort should be responsible for this, and accordingly the ski resort operator will be sued to the court for compensation.

　　For the statement that there is ice slag on the snowy road, the travel company does not recognize it, and thinks that the reason for Ms. Song’s fall injury is her own lack of skiing knowledge and self-protection awareness. After the trial, the court held that the ski resort has the obligation to ensure the safety of tourists within reasonable limits, and the slide of the ski resort provided by it has been confirmed by witnesses to be frozen, which can prove that the ski resort has not fulfilled its reasonable safety guarantee obligation, so it should bear the corresponding liability for compensation for the consequences of Ms. Song’s injury. As a skier, Ms. Song didn’t know the safety situation of the ski slopes in detail, that is, she slipped blindly, causing her to fall and get injured, so she should also bear the corresponding responsibility. On this basis, the court ruled that the travel company should bear 90% of the compensation liability for Ms. Song’s injury, and Ms. Song should bear 10% of the liability.

　　The judge reminded that skiing is a sport with a high risk factor. If the ticket does not include insurance, it is recommended that skiers buy accident insurance for skiing. For example, Ms. Song in this case bought compulsory insurance. After the injury, the insurance company also paid part of the expenses. However, at the same time, it can be seen that the risk of loss cannot be effectively reduced because of the low insurance coverage. Therefore, it is suggested that skiers should buy commercial insurance with higher insurance coverage according to the situation. In addition to covering their own accidental injury compensation, insurance liability should also include personal liability, that is, the liability for compensation for injuries or damage caused by themselves to others or things, such as the insurance company’s compensation when they need to be responsible for hitting people or damaging other people’s property in the snow field.

　　It should be noted that, compared with ordinary personal accident insurance, high-risk sports insurance has extended the guarantee responsibility, but it has not extended to the guarantee responsibility of sports events. Therefore, when skiers decide to participate in a certain skiing competition, they need to buy "event insurance" separately.

　　The judge reminded that after the accident, skiers should keep good evidence, especially the evidence at the scene of the accident, and should take photos at the first time. In addition, it is necessary to keep tickets, admission tickets and other evidence. Of course, in addition to the skiers’ duty of care, operators should provide safe ski resorts and clean up the ice residue on the ski slopes in time to avoid situations that directly affect safety, such as unqualified snow quality, icy ski slopes, potholes and serious dead ends.

　　Do what you can and do the right thing.

　　Protection and safety are indispensable.

　　Previously, Yu Xiansheng and his friends went skiing, which coincided with Mr. Liu’s visit to the same ski resort. At noon that day, Yu Xiansheng and Mr. Liu were both skiing on the middle and high-grade snowy road, while Yu Xiansheng was skiing on an S-shaped route with a single board and Mr. Liu was skiing on a straight line with a double board. Unexpectedly, the two sides collided near the end of the snowy road, causing Yu Xiansheng to knock out seven teeth and was unconscious on the spot. He was rushed to the hospital by the ski resort staff for emergency treatment. After leaving the hospital, Yu Xiansheng sued Mr. Liu and a tourist company, the operator of the ski resort, to the court, claiming 224,000 yuan for various losses.

　　During the trial, Mr. Liu said that veneer is an extreme sport, which requires a high degree of attention to the surrounding things, so Yu Xiansheng should bear more responsibility for the accident.

　　During the trial, the court found that Mr. Liu was behind Mr. Wang when skiing, and he did not wear snow goggles and protective gear. The court held that Mr. Liu did not take into account the priority of the skier in front and injured Yu Xiansheng, the skier in front, so Mr. Liu should bear the main responsibility for the accident. Yu Xiansheng didn’t do his duty of care when he used a single board to slide obliquely on the middle and high-grade snow trail, especially when the skiers gathered near the end of the slide, so he had some fault in the accident, so he should bear secondary responsibility. Although the tourist company, the operator of the ski resort, erected warning signs in the ski resort, circulated relevant safety tips and equipped staff to patrol, it did not provide necessary safety protection tools for skiers entering the middle and high-level ski slopes, and did not set security officers to prevent skiers without protective gear from entering the middle and high-level ski slopes. Therefore, the managers of the ski resort failed to fulfill their due safety guarantee obligations and should bear corresponding supplementary responsibilities.

　　Accordingly, the court ordered Mr. Liu to compensate Yu Xiansheng for medical expenses, disability compensation, etc. totaling 156,000 yuan. When Mr. Liu fails to perform the compensation obligation according to the previous judgment, the travel company shall bear the supplementary compensation liability not exceeding 10% of the total amount of the previous judgment.

　　Through this case, the judge reminded that skiers should be familiar with the environment, understand the distribution of facilities, and the height, slope, length, width and surrounding conditions of the ski resort when they first arrive at the ski resort, and strictly abide by the relevant safety management regulations of the ski resort. Skiers should be equipped with formal ski equipment, wear ski clothes and protective gear. Beginners should first learn the necessary skiing skills and common sense, and hire coaches if necessary. For beginners and those who haven’t been engaged in skiing for a long time, they should avoid blindly going to the middle and advanced ski slopes. It should be noted that when skiing on the snowy road, the skiers in front have priority, and the skiers in the rear should choose a route that will not cause danger to the front and actively keep a safe distance between the two sides.

　　For ski resort operators, warning signs and warm tips should be set up in places where there may be dangers, and hardware facilities should be standardized to ensure that safety barriers and other facilities meet the relevant national safety standards and inform skiers of the precautions of risks; Should be equipped with safety inspectors, regular training for safety inspectors, emergency response measures for the emergence of a comprehensive training. At the same time, an infirmary should be set up to help in time after the accident.